Why Partition of Land is necessary in Joint Khata?

Why partition of land is necessary

In joint Khata, no metes and bounds are specified for each co-sharer. So, no one can claim any specified piece of land except partition.

For Example a land in joint Khata is measuring 120 Kanals

1. Some portion of land might be:-

a. Costly
b. On Road
c. Cultivatable etc

And other portion of land might be:-

d. Inexpensive
e. Off the road
f. Non cultivatable

Every person will wish to have costly /expensive land.

For example, currently

1. you

and

2. 05 other persons

a. Jameel
b. Nasir
c. Sagheer
d. Mushtaq
e. Nabeel

are co-owners in a joint kahta land measuring 120 Kanals

3. Each Co-owner owns 20 Kanals in Joint Khata.

Share is sold

For Example, One co-sharer, (Jameel) sell-out his share i.e measuring 20 Kanals to some other person (7th Person) and deliver the possession of 20 Kanals of expensive land.

In this case,

Though, Jameel has sold 20 kanals land from joint Khata, but still:-


You, and other rest of the of the co-sharers would definitely have objection that why expensive land has been sold/ delivered by co-sharer “Jameel” to 7th Person and huge sale consideration has been received by “Jameel”

2004 YLR 793

"Each and every co-sharer would be deemed to be owner and also in possession of every inch of joint land till such time, same is partitioned by metes and bounds.
________________________________

You, or other co-sharer shall file an application for partition (all co-sharers should be impleaded including 7th Person)

On the other hand, 7th person (who has now 7th Person by paying huge amount to Jameel (Ex Co-owner) for the land he was shown) may bear loss because In partition proceedings, it is not necessary that each co-owner will be given 20 Kanals as per his share rather it may differ depends on different things like nature, location, fertility of land and many other things.

Some co-sharer may be given 10 Kanals (valuable land), some may be 18, some may be 25 (inexpensive land) etc etc.

Thus, if 7th persons receive 17 Kanal instead of 20 Kanals and that too not fully on the road then in such scenario, 7th person/ co-sharer will suffer financial loss as he has paid the amount for expensive land which was lost during partition proceedings.

If any co-sharer dies

1. In this case, in partition application or suit, all the legal heirs of that co-sharer should also be impleaded and they should be given a chance to defend. So, if there are more co-sharers, much expenses are like to incur.

After a long time, if suit/ application for partition is filed.

1. Several transactions (Sale/ Purchase/ Mutations) from Joint Khata might have been made.
2. Thus, any person wish to partition, should first get the revenue record that who are the current co-sharers.
3. After a long time, there may be more co-sharers like 100, 200 co-sharers. So, a lot of expense are required to be spent in this case.


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