Dividing Jointly Held Farmland in UP: The Section 116 Division Suit, Family Partition Deeds, and Buying an Undivided Share: बंटवारा

Look at almost any khatauni on the Yamuna Expressway belt and you will see more than one name against the same khata. Joint holdings (among brothers, cousins, or earlier buyers) are the norm. Until they are divided, no co-sharer owns a particular field; each owns a share of the whole. This guide explains how division works under the UP Revenue Code and what it means for buyers.

Who holds what: shares in the khatauni

The khatauni records the nature and extent of each tenure holder’s interest, including shares (Section 31). Under Rule 28 of the Revenue Code Rules, 2016, the Lekhpal provisionally fixes shares (by pedigree or family settlement for ancestral land, by the deed for purchased land, or by a court decision), and, after notice and objections, the shares are recorded in the share column of the khatauni. Check this column on UP Bhulekh before anything else.

The Section 116 division suit

1. Filing. A co-sharer files a suit for division before the Sub-Divisional Officer. The plaint names every co-sharer, the share claimed and the others’ shares, the plots, area and land revenue, with a certified copy of the khatauni (Rule 107). The Gram Panchayat must be made a party (Section 116(4)). Court fee is payable on the plaintiff’s share of land revenue.
2. Preliminary decree. The court determines each party’s share, records who wishes to remain joint, values the holding at the circle rate and, if the suit succeeds, passes a preliminary decree declaring the plaintiff’s share.
3. The kurra. The SDO directs the Lekhpal to prepare the partition scheme (kurra), due within a month (Rule 109).
4. Objections and final decree. Objections to the kurra are heard, the SDO confirms it, and a final decree separates the shares by metes and bounds with a map, apportions land revenue, and orders the records corrected. Trees, wells and improvements can be divided or compensated (Section 116(2)).

The Rules ask the SDO to endeavour to decide the suit within six months: a target, with reasons recorded if it is missed. Whether an appeal lies against a preliminary decree was referred to a larger bench of the Allahabad High Court in July 2025.

How the kurra divides land

Rule 109 sets principles for the Lekhpal’s scheme: portions in proportion to shares; each portion as compact as possible; no party given only the best or only the worst land; existing fields kept whole where possible; plots already in a party’s separate possession allotted to them within their share; road-front or other commercially valuable land shared proportionately; and any existing family settlement followed as far as possible.

Filing online

In September 2026 the Revenue Council launched an online system for Section 116 cases, allowing co-sharers to file online, with digital notices, the Lekhpal’s report submitted on the portal, and GIS-based mapping. At the time of writing we had not seen its public address; check vaad.up.nic.in (RCCMS) or the tehsil. RCCMS already lets you search cases, see daily cause lists and check whether a plot is under litigation.

Dividing by agreement: the family partition deed

Co-sharers who agree do not need a suit. Under a notification of 4 September 2025, stamp duty on a partition deed of ancestral property among lineal descendants of not more than three generations is capped at ₹5,000, provided the shares follow the law of succession and a three-generation family tree is included in the deed. It applies only to property of individuals and to agricultural, residential or commercial property. News reports also describe a ₹5,000 cap on the registration fee (₹10,000 in total); confirm the fee with the sub-registrar. See our guide to stamp duty and registry in UP.

If you are buying a share

• You get the share, not a field. The Supreme Court held in Ramdas v. Sitabai (2009) that a buyer of an undivided share steps into the seller’s shoes, but a co-sharer cannot put the buyer in possession of a specific portion without partition; the buyer’s remedy is a partition suit.
• You cannot change land use alone. Under Section 80(4), a land-use declaration needs all co-bhumidhars to apply, unless the shares have first been divided, confirmed by the Allahabad High Court in 2025. See farmland and farmhouse rules.
• Prefer land that is already divided, or a sale in which every co-sharer joins. If the sellers are heirs, make sure varasat is recorded first.
• A “family settlement” on plain paper is not a division of the record. Ask for the final decree or a registered partition deed, and check that the khatauni reflects it.

Common questions

Please verify before you commit. Procedures, portals and notifications change. This is general information, not legal advice; engage a local advocate for any division suit or purchase of a share.

Looking at jointly held land? Talk to our team. We check shares and co-sharers before you commit.