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How to enforce partition of land in joint family


26-May-2023 (In Property Law)
Religion - Sikh Caste - Jatt-Sikh In Punjab, there is agricultural land against my mother's name. My mother has only one brother.Till now they are using that agricultural land. Now when me and my mother asked them to release that land, they refused to do so. In FARD(document having land record) 1/3rd of total land is registered against my mother's name.But Taqseem (partition) is not done yet i.e killa numbers are not registered against my mother's name. So my mother hold 1/3rd share of total land. But which land or killa number out of total are not yet registered. It is difficult to takeover(kabza) of our share as they are not releasing and ready to fight. Someone told us to put an application for taqseem (partition) of land so that killa/land numbers should be registered against my mother's name. And after that we can easily sold that land to someone. Please help me out to move in right direction. What is right for us ? What steps should we take so that we should get our land.
Answers (3)

Answer #1
785 votes
Dear queriest,
As and according to the facts stated in your query your mother share in the said property is one third. You have to file suit for declaration in respective court to get your property identified. Or you can file a suit for partition.
People also ask

What is the concept of partition under land law?

Deed of Partition This deed divides the land to ensure that each person has undisputed ownership of their own part. The co-owners are responsible for executing the division deed. The property is divided into equal shares by each co-owner, according to the Indian partition law.

  
Answer #2
530 votes
You have been rightly advised to move application for partition (taqseem). This application will give you specific numbers of khasras falling in ur mothers share and her land will become identifiable. Kurras will be determined according to proportion of ur holding of joint khatta.

Answer #3
602 votes
File case before the court and court will decide the matter and via court your mother is able to get possession,so need not to worry at all.File case before court as soon as possible and if some one threat then move complaint to the police.

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