Legal process, required documents and dispute resolution. Land Division Rules Family Settlement – ​​Variousinfo

Land Division Rules Family Settlement: Disputes related to land and property are common in India. There are often fights in families, especially regarding the division of ancestral property. Many times these cases reach the court. But if the land is divided properly and following the legal procedure, then disputes can be avoided.

It is important to understand the process of land distribution. There are many legal aspects involved. Besides, some important documents are also required. In this article, we will give detailed information about the entire process related to land distribution, necessary documents and methods of resolving disputes. This will help you in dividing your ancestral property.

Land distribution: at a glance

Legal process of land distribution

To divide the land, it is necessary to follow some legal steps. This can avoid any kind of dispute later. Here is information about the major legal processes of land division:

1. Partition by mutual consent

• Consent of all heirs is required
• One has to apply in Tehsil office
• Tehsildar gives written distribution
• This process costs less

2. Partition through court

• This option if any heir disagrees
• Case has to be filed in civil court
• The court measures and makes distribution
• It takes more time and expense

3. Distribution through Panchayat

• This option is adopted in rural areas
• A proposal for partition is placed before the Panchayat.
• Division is done with the consent of the arbitrators
• This process gets legal recognition

Documents required for land distribution

Some important documents are required for distribution of land. The partition process cannot be completed without these documents. Here is a list of 8 major documents required for land distribution:

1. Photocopy of tax receipt
   • Land Revenue Officer issues
   • Proof of land revenue deposited in government treasury
2. land related documents
   • Kewala (purchase document)
   • Khatian (Record of Revenue Department)
3. genealogy
   • Details of descendants of the land owner
   • Sequential details of sons and daughters
4. death certificate of jamabandi raiyat
   • If the land owner has died
5. Distribution schedule on Rs 100 stamp
   • meets the registry office
   • The details of partition are written on this
6. Aadhar card
   • Copy of Aadhar card of all heirs
7. Consent of all stakeholders
   • Everyone’s consent is required in writing
8. Affidavit issued from SDM office
   • To confirm division

Problems and solutions in land distribution

Many types of problems can arise in the distribution of land. Here are some of these major problems and their solutions:

Problem 1: Disagreement among heirs

• Solution: Resort to mediation or family meeting
• seek help from an elder or respected person
• Take into account the interests of all parties

Problem 2: Lack of documents

• Solution: Contact government offices
• search old records
• Get information from village elders

Problem 3: Border dispute

• Solution: Get a government measurement done
• rely on old maps
• take testimony from local people

Problem 4: Legal complications

• Solution: Consult an experienced lawyer
• follow legal process
• Prepare all documents correctly

Advantages and disadvantages of land sharing

There may be some advantages and disadvantages of dividing the land. It is important to understand these:

Advantages:

• get clear ownership
• Get control over your share of land
• Freedom to sell or mortgage land
• Prevents future disputes

Loss:

• There may be small pieces of land
• sharing costs
• Sometimes family relationships can deteriorate
• The legal process of partition may be lengthy

Laws related to land distribution

There are many laws related to land distribution in India. Here are some of these key laws:

1. Hindu Succession Act, 1956
   • Basis of distribution of property in Hindu families
   • Rights of male and female heirs
2. muslim personal law
   • Rules for property distribution in Muslim families
   • Determination of heirs according to Shariat
3. Indian Succession Act, 1925
   • applicable to people of other religions
   • Rules of will and succession
4. Transfer of Property Act, 1882
   • Rules for transfer and division of property
   • Description of legal process

Application process for land distribution

To divide the land, a certain procedure has to be followed. Here are the key steps in the process:

1. fill the application form
   • Collect form from Tehsil office
   • Fill all the information correctly
2. Submit required documents
   • Lagan Receipt, Khatian, Genealogy etc.
   • Attested copy of all documents
3. collect fee
   • Pay prescribed government fees
   • please take receipt
4. take date for measurement
   • Officials will decide the date of measurement
   • inform all parties
5. Join Napi
   • go to the place on the appointed date
   • have your say
6. sign the partition proposal
   • Consent of all parties required
   • If anyone has any objection please register
7. wait for final order
   • Tehsildar will issue final order
   • Register upon receiving the order

Disclaimer:This article has been written for informational purposes. The process and laws regarding land distribution may change from time to time. Therefore, it is necessary to consult an expert or lawyer before taking any legal action. Make sure that you are following all the required documentation and procedures correctly.