Family Land Partition in India: How to Get a Separate Khatauni in 45 Days (Section 116 Revenue Code & Kurra Demarcation)
By Shivam Tiwari, Founder of FormSutra · Updated: October 2026 · 9 min read
Complete statutory guide to agricultural land partition: Sub-Divisional Magistrate (SDM) court procedure, mutual consent deed vs contested suit, Lekhpal Kurra preparation, and separate Khata issuance.
In joint Hindu family agricultural land holdings, co-sharers frequently face disputes over crop cultivation, bank Kisan Credit Card (KCC) loans, government crop compensation, and unauthorized sales of prime road-frontage acreage. Under Section 116 of the State Revenue Code (such as UP Revenue Code, 2006 / MP Land Revenue Code Section 178), any co-sharer has an absolute statutory right to claim a division of holding and obtain an independent Khatauni and separate boundary map (नक्शा तरमीम) within 45 to 90 days.
Quick facts
| Governing Statute | Section 116 / 117 State Land Revenue Code & Rule 107–109 of Revenue Rules |
|---|---|
| Competent Court | Sub-Divisional Magistrate (SDM) / Assistant Collector First Class |
| Mutual Consent Timeline | 45 days for uncontested partition and separate khatauni issuance |
| Physical Ground Demarcation | Kurra Tarmeem (कुर्रा तरमीम) prepared by Revenue Lekhpal & Revenue Inspector |
| Road-Frontage Rule | All co-sharers must receive proportional front access or valuation adjustment |
| Final Outcome | Separate Khatauni number with independent Khasra sub-divisions (e.g. 102/1, 102/2) |
Step-by-step process
Obtain Certified Revenue Records & Map (खतौनी, खसरा व भू-नक्शा)
Apply at the Tehsil Revenue Records Room or State Bhulekh portal for certified copies of (a) Current Khatauni showing all recorded co-sharers, (b) Latest Khasra showing ground possession, and (c) Official Cadastral Map (भू-नक्शा / शजरा) of the concerned revenue village.
Draft Mutual Partition Agreement or Section 116 Plaint
If all brothers/co-sharers agree, draft a Mutual Partition Agreement specifying the exact plot divisions, boundaries, and road access. If any co-sharer refuses or attempts to grab prime road-facing land, draft a formal suit under Section 116 before the Sub-Divisional Magistrate (SDM) naming all recorded co-tenure holders and the State/Gram Sabha as parties.
Passage of Preliminary Decree (प्रारंभिक डिक्री)
The SDM court issues notices to all parties. If no dispute is raised or upon hearing rights, the court passes a Preliminary Decree declaring the exact share of each co-sharer (e.g. 1/3rd, 1/4th) in accordance with Section 116(2).
Preparation of Kurras (कुर्रा तरमीम) by Revenue Lekhpal
The court directs the Revenue Inspector (Kanoongo) and Lekhpal to visit the agricultural field and prepare Kurras (lots/shares) on Form 24. Under statutory rules: (a) Each share must be contiguous, (b) Road frontage and well/irrigation water access must be equitably distributed, and (c) Plots should not be fragmented below statutory minikhasra thresholds.
Final Decree & Issuance of Separate Khatauni (अंतिम डिक्री व नक्शा तरमीम)
Parties are given an opportunity to file objections to the Lekhpal's Kurra report. Once accepted, the SDM court issues the Final Decree (अंतिम डिक्री). The revenue registrar enters the new Khata numbers into the digital Khatauni, and the village revenue map is updated (तरमीम) with sub-divided plot numbers.
Documents checklist (आवश्यक दस्तावेज)
- Certified copy of Current Khatauni (उद्धरण खतौनी)
- Certified Cadastral Village Map (शजरा / भू-नक्शा)
- Certified Khasra of current agricultural year (खसरा पड़ताल)
- Family Tree / Pedigree certified by Gram Pradhan or Revenue Officer
- Identity & Address proofs of all applicant co-sharers (Aadhaar / Voter ID)
- Mutual Consent Agreement signed by all co-sharers (for 45-day expedited disposal)
- Prescribed nominal revenue court fee stamp
Stamp paper rules
A mutual partition application filed before the SDM court under Section 116 requires nominal court fee stamps (typically ₹5 to ₹50). Once the final decree is passed, non-judicial stamp paper duty is payable on the final kurra order in accordance with the Indian Stamp Act, 1899 (Article 45 of Schedule I-B) with concessional agricultural rates applicable across various states.
Official portals
- Digital India Land Records (DILRMP)
- State Revenue Court Computerized Management System (RCCMS)
- State Bhulekh Portals (MP, UP, Bihar, Rajasthan, Maharashtra)
Common mistakes to avoid
- Relying on informal verbal or kachha paper partition without legal SDM court order or registered deed.
- Allowing one co-sharer to sell their unspecified share with specific boundaries on prime road frontage.
- Failing to make the Gram Sabha or State Government a mandatory formal party in the Section 116 suit.
- Not verifying the Lekhpal's Kurra map on the ground, leading to landlocked plots with no pathway or canal access.
Frequently asked questions
Can one brother sell ancestral land without partition?
A co-sharer can only sell their undivided percentage share, NOT a specific physical piece of land (such as front road land). Any sale specifying physical boundaries before legal partition is voidable and can be challenged in court.
How long does a mutual land partition take under Section 116?
If all co-sharers give mutual consent before the SDM court, the partition, kurra preparation, and separate khatauni issuance is completed within 45 to 60 days.
What happens if road-frontage land is divided unequally in the Lekhpal's report?
You have a legal right to file a formal Objection (आपत्ति) against the Lekhpal's Form 24 Kurra report before the SDM passes the final decree. The court will order re-measurement to ensure equitable frontage distribution or monetary valuation adjustment.