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Is family land partition valid without pody registration


23-Apr-2023 (In Family Law)
My dad has an ancestral agricultural land for which pody is not yet done by Govt survey dept . My dad now wants to divide this ancestral property to his children. How can he do this legally registered? Can a family partition deed be regd for ancestral agricultural land for which pody is not yet done by govt? If not! What is the best way of getting this ancestral agricultural land divided legally? a) One option has come out as"Get the partition deed signed by all in the family tree and then register a gift deed as per the partition deed". But there has been contardictions as some experts in this field of law say a gift deed can be done only for his share of the property and not others share hence am not sure! b) Second option suggested is to '' Register a partition deed and then the land can be phoded as per the share in the partition deed". But can a partition deed be registered for an ancestral agricultural land which doesnt have a pody. Kindly advise a clear way
Answers (3)

Answer #1
885 votes
Yes in the given situation, partition is possible, you can file an application in the registrar's office. Or any one of the family member can apply for the partition in the Jurisdictional civil court.
Answer #2
911 votes
Partition can be done by bifurcation of property between family by mutual consent since it is ancestral property as all are ready or else file collusive suit if pod not done and by court order compromise arrive and submit it u get legally.
Answer #3
670 votes
Better go for consent civil court decree, which can be implemented later on. Just file suit for partition. After 3-4 adjournments, ask defendants to enter into appearance and file compromise petition.

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