• What is procedure for partition wherein I wish to sell my share

I am an ex military officer from rural area and now settled in Delhi NCR. 

I inherited agriculture land in UP in Hathras district when my father (karta) died in 1985. The Land Title was transferred to my brother and me with 50% share each given to us in Govt Chakbandi in 1987. Now I wish to sale my share. Land holdings are part of two Gata Numbers under same Khasra Khatoni Khata wherein the share was mentioned as 1/2 to each brother applicable to both gata numbers. Land as mentioned in one gata was given to me as per verbal division of total land.  Now i want to sale my land. Buyers want that I shall get my land Khasra Khatoni Khata No separate in a Kura bandi through SDM court. When I met SDM of my area he said same is not required as my 1/2 share has been mentioned in the land records already and based on that i can sale my land share.  I have now got a Samjhota Patra (partition agreement) prepared and notarized  to exercise sale rights on the land as held by me. My question are: 

1. Is this notarized partition agreement for sale between us (share holders of agricultural land) gives me  legal protection to sale my share of land of one Gata no? If not then what is the correct legal procedure?

2. Is Kura Bandi required as requested by buyers? SDM had mentioned that same is not required? 

3. I have 4 sisters, as my father (karta) died in 1985 and land title was transferred to us as per old inheritance laws, can my sisters now claim right to land under new inheritance Laws and prevent me from selling the land? 

I request you to please clarify same. I shall be grateful
Asked 11 months ago in Property Law from Greater Noida, Uttar Pradesh
Religion: Hindu
Hi, You can enter register partition deed with your brother and divide the property accordingly with respect to your 1/2 share.

2. As per latest Supreme Court ruling daughters have no right to claim the ancestral properties if father died before 09-09-2005.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) partition agreement has to be duly stamped and regd to be admissible in evidence . Mere notarised agreement is not sufficient 


2) Section 171 of the Zamindari Abolition and Land Reforms, 1950 Act clearly lays down that in case a male tenure holder dies then his son or his male descendants will come to inherit his rights in the holding of land. His own daughter and son’s daughter and the descendants of daughters have been excluded for this purpose

3) A married daughter has been completely excluded. If no male descendant is there, the rights of the deceased would come to be inherited even by his brothers or other male relatives but not by his own daughter. In categorical terms, the Act has preferred the brother of a deceased to a married daughter of the deceased for inheritance in tenure holding. Thus, even in a nuclear family where there is no male survivor, the married daughter cannot inherit the rights, rather her uncle has been found by our legislature in its wisdom, to be a suitable heir to inherit the tenure holding.


4) in your case your sisters have no rights on the said agricultural land 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1. Is this notarized partition agreement for sale between us (share holders of agricultural land) gives me  legal protection to sale my share of land of one Gata no? If not then what is the correct legal procedure?

=No natarised partition agreement is not valid.  Anyway as the SDM had advised you, you can sell your share directly to the purchaser.  There is no need of any document.  

2. Is Kura Bandi required as requested by buyers? SDM had mentioned that same is not required? 

=Follow the advise of SDM.

3. I have 4 sisters, as my father (karta) died in 1985 and land title was transferred to us as per old inheritance laws, can my sisters now claim right to land under new inheritance Laws and prevent me from selling the land? 

=Yes, as per the new amendment in the law, your sisters can also claim the property. In my state Telangana, When the same issue arises, generally the procedure followed is that the brothers will give some petty amounts (10 to 25% of the amounts which falls to their share) to the sisters and get registered relinquishment deed from the sisters in favour of brothers.  In your case it is left to you how much you will give to your sisters.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1. A partition deed requires mandatory registration. Notarization is neither conceived by the law nor it will suffice. Get the deed registered before the sub-registrar after paying the stamp duty.

2. Kura Bandi is not required after partition. Once partition is made you can apply for a separate khasra khatauni number.

3. If your sisters were excluded from succession by your father they cannot claim a share now.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1) Under section 44 of transfer of property act co owner can sell his share without consent of other co owners 

2) you can enter into deed of family settlement for division of land by metes and bounds with your brother

3) the agreement should be duly stamped and registered 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Dear Ashish and Ravinderji what are your views on Section 171 of UP Zamindari Abolition act 1950 as mentioned by Mr Ajay? and also date of 9/0/2005 as mentioned by Mr Pradeep? I believe in 2010 Supreme Court gave a decision that if Karta died before 9/9/2005 and property title was changed under old laws then sister / girls will have no share in agricultural land. In my case Karta died in 1985 and land was transferred in our name changing the title with 1/2 share by court of Chakbandi ( Consolidation).

=The above proposition is applicable when the property has been partitioned between the legal heirs through a registered partition deed. It is not applicable for the properties which are acquired by inheritance. In you case you have partitioned it through partition but it is not registered and you have not added your sisters as parties to it.

As far as partition deed is concerned i dont think the agreement for sale is a partition deed. Our shares of 50% have already been partitioned between two of us brothers when title was changed from our father to us by court of chakbandi (Consolidation) in 1987. So legally there is no dispute on partition of share which is recorded in land revenue records as 1/2 to each of us. 

=But you have not taken consent of your sisters, nor you have added them as parties in the Partition deed. Normally as you are the male members, the Revenue authorities have put your names.  That does not mean, your sisters cannot claim the property. They can file partition suit in the court, if you fail to delivery their share. The main problem is the amendment (giving rights to woman) is retrospective in nature.  Means, even the incidents happened earlier to enactment of law will be applicable. 

Issue is clearing possession of 1/2 of total land which i have? which brother posses which land? There are two agricultural land plots. One is in my possession and other is in possession of my brother. As per land records I have 1/2 of share and can sale the same. That is what SDM told me. As the share are already mentioned in our land records I am free to sale my share. Issue is showing which part of land means my possession? This agreement of sale actually clarifies the possession of my share of 1/2 as mentioned in land records which i am selling now? 

=Yes, to this aspect I agree with you.  What SDM told is about undivided share.  But when you want to sell it, the purchaser normally demands identity of his land.  But the point is you have done partition deed by notary, which is not valid. It should be registered before Sub Registrar and all the sisters should be made as parties in the partition deed.  That is the main clog.  As I advised you, pay some petty amounts to your sisters and request them to relinquish their shares in your favour (both brothers).  The problem will be solved.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
You are absolutely correct in your analysis 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
I have given opinion as per the law in Telangana State.  It may be slightly different in your state. Check up the local laws.  
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
 You should desist from using legal expressions the meaning of which is not clear to you. You stated that you inherited the land from your father. Inheritance is a positive act of the title holder to pass the title by excluding or limiting the operation of law of succession. So unless your father made an instrument of transfer of property in favour of his sons there is no inheritance by either of you, which opens up succession to his property. Under Section 171 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 the married daughter was not in the line of succession to the agricultural land of her father but this embargo was done away with an amendment in 1985. In so far as the concept of kartaship is concerned, it applies to only ancestral property, so the SC ruling is not attracted to your case.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. Is this notarized partition agreement for sale between us (share holders of agricultural land) gives me  legal protection to sale my share of land of one Gata no? If not then what is the correct legal procedure?
You can get the notarised document registered so that it gets legal validity to proceed further.


2. Is Kura Bandi required as requested by buyers? SDM had mentioned that same is not required? 
For sale of property it is not a deciding document, title document is the valid document for sale of property.




3. I have 4 sisters, as my father (karta) died in 1985 and land title was transferred to us as per old inheritance laws, can my sisters now claim right to land under new inheritance Laws and prevent me from selling the land? 
Since this falls under old rule/law, the new law is not having retrospective effect  they may not be entitled to claim a share in the property.





T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
I believe in 2010 Supreme Court gave a decision that if Karta died before 9/9/2005 and property title was changed under old laws then sister / girls will have no share in agricultural land. In my case Karta died in 1985 and land was transferred in our name changing the title with 1/2 share by court of Chakbandi ( Consolidation) 
In your case since the karta died in the year 1985 and the property was subsequently partitioned properly among the male legal heirs since the daughters were not entitled to any share then, your sisters cannot claim a share on the basis of amended law. 




As far as partition deed is concerned i dont think the agreement for sale is a partition deed. Our shares of 50% have already been partitioned between two of us brothers when title was changed from our father to us by court of chakbandi (Consolidation) in 1987. So legally there is no dispute on partition of share which is recorded in land revenue records as 1/2 to each of us. 
You are right that your sisters cannot raise a dispute in this regard since the partition has properly taken place in the year 1987  





As the share are already mentioned in our land records I am free to sale my share. Issue is showing which part of land means my possession? This agreement of sale actually clarifies the possession of my share of 1/2 as mentioned in land records which i am selling now? 
You should demarcate the property/land allotted to you ad get it registered on your name so that you will not have any dispute not only now but also in future on this issue. 




T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1. As my 1/2 share in agricultural is already mentioned in revenue records there is no need for any Partition deed as my share is already mentioned in Khasra No as 1/2.
This will not be a title deed, hence register the partition deed so that you can have a marketable tittle to your share of property.



2. As per transfer of property act there is no need for me to take permission from my co-owner to sale my share which is my sole right.
You are right about it.





3. To create an evidence of possession of land including which part of land, i just need a unregistered memorandum of agreement where in all stake holders have signed to indicate the part of land which is there in my possession as my share as per revenue records. 
Besides you may even look of executing a partition deed.



Please let me know if my deductions are correct?
Your understanding is right.


T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
1) The documentation procedure to be followed and the fee payable vary from State to State.

2) please note that  The mutation in the municipal records is for the purpose of payment of property tax, and it does not mean a legal title for the person in whose name the property has been mutated in the municipal records.

3) An application has to be made to the tahsildar  along with a non-judicial stamp of relevant value, 

Details to be furnished with application:

>> Area in which the right has been acquired

>> Description of the right acquired

>> Name, parent's name, and address of the person from whom the right has been acquired

>> Manner in which the right has been acquired

>> Name, parent's name, and address of the person who has acquired the right

>> Date on which the right was acquired

>> Copy of document on the basis of which the mutation is sought - sale deed, Will etc

4) A proclamation is issued inviting objections to the proposed mutation and specifying the date, not less than 15 days from the date of the proclamation, up to which any objection to the mutation will be entertained. The Patwari submits his report in the prescribed format. The statements of the parties are recorded. The contents of the documents are matched with the recorded statements. In case no objections against the proposed mutation are received, it is sanctioned

Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
it shall be the duty of the Talathi to enter the particulars of such objection in a register of disputed cases and Talathi shall at once give a written acknowledgment for the objection to the person making it in the prescribed form.the disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer  and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by the rules made by the State Government in that behalf 

2) enquiry contemplated in relation to application for mutation of entries is to ascertain whether the document produced reveal acquisition of right stated to have been acquired in the land in respect of which mutation of entry is sought for, and does not empower such Authorities to adjudicate upon the title and rights of the parties to the immovable proprieties.
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
what is the procedure for mutation in UP? 
After registry is it done automatically in a given period? If so then now much is that period? I mean how many days? 
You can get the mutation done any time after the registration of property in your name has been executed. But the sooner you are doing it, it will be better for you. 



Can a registered letter by a third party addressed to Registrar stop the process of mutation even if the third party has no legal claim over property and his name is not their in records and registrar knows it? are their any discretionary powers given to Registrar to stop mutation in this case?
Firstly mutation is not done in the Registrar's office.  It will be done in the revenue department.  
If a third party issues a notice to stop mutation, then the Tahsildar or the Revenue department officer in charge of this subject shall send notice to the existing owner and make discreet enquiries into the matter and decide about the petition before him.



T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
That means Registrar has sanctioning power? 
what if a third party puts an objection and third party has no legal claim and objection is put by a registered letter and party himself dosnt contact Patwari or comes in court of Registrar? 

As said earlier the registrar has no business to interfere in the mutation process.  The revenue department only will look into this.  
If the Tahsildar is going ahead on the basis of a mere letter by a third party, you may represent the matter by preferring an appeal against this with the district collector seeking his intervention and relief. 



Can legally Registrar take note of this third party letter?
Any communication received by any government authority will be looked into and it becomes its duty to dispose the applications received as per the provisions of law. 
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
5.0 on 5.0
Mutation procedure in UP is not different from what it is in other parts of country. It is sanctioned by tehsildar's office. Mutation does not take place automatically after the execution of the instrument of conveyance of title. Th e process of mutation cannot be stayed on the basis of a letter by a third party which has no legal interest or right to the property. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Registrar has the power to mutate if the documents are in order. He is not competent to go into the question of title. Registrar cannot act on the basis of a letter by a third party.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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