It is undivided land
2) court would divide land equally
3) you have a strong case
4) suits for partition take over 10 years to be disposed of
5) seek stay order restraining uncle from selling the land
Partition of agricultural land
My grandfather Ram and his brother Ghanshyam had an agricultural land in my village. They both are no more. My family and GhansShaym's family are registered as joint owners in that land. Currently both families are cultivating that land such that, orientation of the property is such that on one side there is a main road, and all three sides the land is bounded by private lands. GhanShyam's family is cultivating the entire portion which is adjacent to the main road and we are cultivating the backward portion and my grandfather had constructed a tubewell in the bottom right corner of the land which was used to irrigate the entire land as well as other neighboring lands. Ghanshyam's family members have started to sell their portion to which we objected, and hence a partition suit was filed since the khasra number is the same and we demanded the land to be divided equally such that each party gets the fair share of the main road. Patwari has also prepared kurre giving every co-owner the share on the main road. My uncle has objected to the Kurre stating that he has kabza on the entire front portion and land was already divided 50 years back and they left a easement way for us to access the main road which is lie, and no written agreement or government record exists stating that. My question is: q1. will the land be considered divided or undivided? q2 courts generally prefer historical patterns on equal distribution? q3 whose position is stronger, I want equal distribution of the land and they want to just give us an easement way? q4 How much time these cases generally take ?
Asked 2 months ago in Property Law
Religion: Hindu
12 Answers
Don't be bothered....Your partition suit must be decided in your favour. If Kurre has been prepared, the case would be decided promptly.
Family arrangement is taken as an evidence of it is written. If written family arrangement is not available on record, the court will decide the case in accordance with Kurre made by patwari. (****Please rate)
1. It is undivided property.
2. Court will pass an order for division of property as per provisions of law.
3. You can enforce your rights through court to get your entitled share of property by filing a suit for partition with separate possession.
4. It may take many years for the court to dispose the suit for partition.
My family and their family do not have any
Asked 2 months ago
I don’t understand your query
my family and their family do not have any written agreement, iam afraid that they can try to forge an agreement with fake signatures of my grandfather or ours and show it to the patwari or court. is it easy to get away by doing this as i have heard that old stamp papers are available in market for hefty price? will the absence of written agreement serve in our favour to seek equal front portion of the land? how such forgery can be proved?
Asked 2 months ago
Dear Client,
In your case, this agricultural land appears to be undivided legally because no written agreement exists or a government record confirms that the land has been divided between your family and Ghanshyam's family earlier. According to Indian laws related to property and partition, not having any document with such registration for partition deeds also enhances your position to demand equal and just distribution of your share in the land. Since, no written or registered agreement documents the partition that occurred 50 years ago, the court will most likely treat the land as undivided. That would make it possible to partition the land now through the legal process. Courts generally seek a just division of jointly held property, and because access to the main road is critical to the value of the land, the partition likely will occur on an equal division principle. On the other hand, patwari's kurre also suggests equal shares on the main road.
Your case is stronger due to the fact that there is no proof or official document of the government that exists for their claim of initial division. A formal agreement or official record mostly happens in partition-related cases and the absence of such written evidence weakens their case. This is further supported by your argument against their selling the land, as well as Patwari's suggestion to partition in your favor. Cases involving partition might take 2-5 years or even more depending on the complexity of the case and how crowded the judicial schedule is. Therefore, you will want to create all records and proof related to the case as it can go as far as no written agreement before making a case for fair partition; there may also be an injunction that does not allow the sale or transfer of the land until the court finalizes the partition.
I hope this explanation meets your needs precisely. If you still have any queries regarding this matter, do not hesitate to contact us again.
Absence of written agreement will help your case
Ii also need help regarding the forgery of documents. Is it easy to do so? Is it easy to prove such documents as fake?
Asked 2 months ago
You can examine hand writing expert to prove signatures are forged
It's not easy to make a forge document if they've not produced yet. Don't worry, your case is very strong and you get the partition decided. If they produced any fake document, you can make an application before the concerned court to reject the same.
Whether the relationship between your family and their family is good or strained, if you want to have a relief of partition and if they do not agree for an amicable partition then you have no option than to file a suit for partition.
Nobody can get away with the fabricated documents or with forged signatures.
you will be heard by the court where the case is going on and the court will certainly record your objection and in that case you may have to prove with evidence that the documents are fake with forged signatures.
you have to challenge them in the court of law and not keep asking questions sitting without approaching court for reliefs.
if you believe that the documents are forges then it is you who has to prove through your sources and witnesses that they are false or fake.
How do you say that they are false or forged?
If you are given to belief that they are forged then what is the source which makes you believe that they are forged?
If you have any reliable documents to prove that the signatures are forged then you may have to prove it before the court on that basis.
You can seek court permission to refer the forged signature to handwriting expert's opinion to prove your case by invoking the provisions of section 45 of the Indian evidence act
1. In the absence of any agreement , the land will be considered as undivided.
2. If there is no agreement and proof of the cultivation on the main road by your uncle , then the Court will not consider historical status of the land.
3. Equal distribution will be adopted
4. Depend upon the burden of the Court.
