• Shared property sold by uncles and created boundary without partition or metes and bounds

My father and uncle got joint settlement deed in which few survey number are written as shared basis. My uncles sold their share without consent of father and successors. The buyer sale deed shows boundaries and no partition or subdivision happened. Buyers patta/khata passbook shows survey number divided among their (buyer brothers) brothers as 300/A,300/B,300/C.
1. Joint settlement deed on selling can create boundaries? 
2. How does the survey number gets sub number without subdivision or without metes and bounds ?
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

You have to apply to survey office for demarcation of boundaries of land 

 

 

Ajay Sethi
Advocate, Mumbai
96774 Answers
7806 Consultations

1. Yes boundaries can be done. 

2. This happened on the sale

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Joint-Owner Named Property CANNOT be sold to non-joint owners, without conducting Partition proceedings, demarcation proceedings and allotting of sub-survey numbers, which is mandatorily done ONLY by Govt. Survey (not private survey) & Demarcation proceedings, by the Revenue Dept. in the revenue records.  Self Allotted sub-survey numbers are illegal and have no  legal enforceable value.

2. However, Joint-Owner Named Property CAN be sold /gifted /transferred to other co-joint owners, without conducting Partition proceedings, demarcation proceedings and allotting of sub-survey numbers,

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. It's to be seen whether your uncle sold the property within his share or beyond share to which he is entitled to. 

2. So your uncle can sell his undivided share in a lawful manner.  However the purchaser can not take physical possession of the same unless the share is demarcated. 

3. Therefore don't let the purchaser take possession of the property and retain the advantageous portion in your possession so during partition whether through court or amicably you get hold of your preferred area. 

Devajyoti Barman
Advocate, Kolkata
23196 Answers
510 Consultations

Yes the combine share has been divided on settlement deed, so his portion he has sold it. Now you and new buyer should make the boundaries, actually the rights are with you directly you can make boundaries and road map accordingly to your wish.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

First of all joint property can't be sold without the consent of the partners and partition as the part of the property are not decided so sale deed is totally illegal,please challenge the sale deed before the competent court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

File a suit for declaration and partition.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

You can keep possesion of portion as per your choice. 

Sub division is not valid without partition and distribution of portions.

On the basis of settlement deed, he can sell his share but not selected portion without due partition.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

- As per the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property.
- Hence, any sale has to be done with the consent of the co-owners involved, however if there are specific conditions in the agreement that gives co-owners exclusive rights to certain parts/portions property , then a co-owner can sell his portion to any one even outsider.

1. Since there is only survey number are written as shared basis , then your uncle cannot sell any portion of the property without the consent of your father , as this property is undivided property. 

- No, joint settlement deed on selling can create boundaries. 

2. The said transfer is invalid without a Partition.

Mohammed Shahzad
Advocate, Delhi
14419 Answers
221 Consultations

A land survey number is a unique number assigned to a specific piece of land to maintain records. The land survey number works as a record of information about a specific plot of land. It is useful when resolving legal disputes and for planning the development of adjacent areas. It also comes in handy while registering or selling a plot of land. During the survey, the officials personally inspect the land to determine its boundaries. This results in maps that show the shape and size of the surveyed property.

A fresh subdivision in a survey field or subdivision thereof may be created when survey field or a subdivision of a survey field is to be further subdivided under the rules for joint registry or transfer of registry.

 

In your case, check whether your uncle sold only his own share which he got from settlement deed. If you have any dispute with regard to boundaries then file a partition suit and fixation of boundary. Please do understand that your uncle can sell his own undivided share.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

. You can challenge the entire sale seed execution through suit. It's an illegal execution and registration

Prashant Nayak
Advocate, Mumbai
32371 Answers
199 Consultations

What land records shows may be the correct answer to your questions.

I have to know thoroughly about layout and size of land and its exact details for correct Division of property as per patta /khata passbook.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

1. No 

2. if the same has been done then you may challenge the said division as the same has been done without the authority of the law. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Joint owner can sell his/their share without partition or demarcation without consent of others.But others owner can file a suit for preemption right to restrain strange.  if land has been sold then take possession as per your wish and file Declaratory suit in civil court 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Your father can file a suit for partition or even file an objection the revenue department for allotment of sub-division  or allotment of sub-survey number.

Your father can file a suit for partition by dividing the property by metes and bounds and good and bad soil and whatever that has been sold without partition is null and void.

 

T Kalaiselvan
Advocate, Vellore
86975 Answers
2334 Consultations

1. If boundaries are mentioned in the settlement deed then boundaries can be constructed Otherwise owners need to file partition suit by metes and bound.

2. You can make application under RTI about getting details on partition of survey no.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that though there has been a settlement but still the proper law has not been followed for acquiring the division number.
  2. I would like to apprise you that they should have gone before the SDM first for the demarcation of the boundary and allotting of the new number.
  3. But here the same has not been seen in your case, you need to show all the documents and their contest before advising you anything more precisely.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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