Ancestral Land Partition in Patna: Vanshavali, Deed & Mutation

Partitioning ancestral land in Patna: the whole process

What is a vanshavali and who issues it?

A vanshavali (kursinama) is the family tree from the raiyat named in the records to today's heirs. It shows each person's children, who has died, and the children of a deceased heir. It is the first paper for a partition, an inheritance mutation and the special survey. The Revenue Department's mutation FAQ says an inheritance mutation needs the death certificate and the vanshavali.

• In villages, the sarpanch issues it.
• In Patna city, news reports from December 2025 say the Circle Officer can now issue it in municipal areas. We could not find the order itself, so confirm with your circle office first (Patna CO numbers).

The most common mistake: leaving out married daughters, a dead brother's children, or children from a second marriage. One of them later objects to the mutation, and the partition stalls. Write names and relationships exactly as in official records.

Who gets what share? Daughters too

Hindu families follow the Hindu Succession Act, 1956:

• In ancestral (joint family) property, a daughter has the same right as a son. Since the 2005 amendment she is a coparcener by birth, with no condition about marriage. In Vineeta Sharma v. Rakesh Sharma (11 August 2020) the Supreme Court held this applies whether she was born before or after 2005. The father need not have been alive on 9.9.2005. Partitions or sales completed before 20 December 2004 are not reopened.
• A person's own property, if there is no will, goes to the "Class I" heirs: son, daughter, widow and mother inherit together. The survey FAQ's example: a man leaving one son, one daughter, his mother and his father has the khata opened 1/3 each for son, daughter and mother. The father gets nothing; he is not Class I.

Ancestral or self-acquired land, who died when, and any will all change the shares. Have a lawyer look at your case before shares go on paper. A sibling who doesn't want a share should give it up by a registered release deed (haq-tyag).

Ways to partition, and which ones mutation accepts

Per the mutation FAQ, any one of these works:

"The fields were divided in father's time" isn't enough. In Vineeta Sharma the Supreme Court said an oral or unregistered partition won't be accepted against a daughter's right. The accepted ways are a registered deed or a court decree. Oral partition counts only in rare cases backed by public documents. So put even an old partition on a registered deed now.

What does registering a partition deed cost in Bihar?

So partition is cheap and release is not. Giving a sister a separate piece in the partition itself costs ₹100. Gift, settlement and POA rates: stamp duty on family deeds. Other costs: Patna registry charges. Confirm with your sub-registry office what counts as "family property".

Source: the Registration Department's stamp duty and fee table (full list at the bottom).

Getting a separate jamabandi for each co-sharer

A partition deed doesn't change the jamabandi by itself. Each co-sharer's jamabandi needs dakhil-kharij (partition mutation):

• Where: "Online dakhil-kharij" on biharbhumi.bihar.gov.in, from your own login. Steps: online dakhil-kharij guide.
• Papers: partition deed/order, vanshavali, the ancestor's death certificate, and all co-sharers' names and mobile numbers.
• Fix the record first: wrong khata, khesra or area online? Correct it through Parimarjan Plus first. The department's 2025 Revenue Maha-Abhiyan followed this order too.
• Deadline: within 90 days of the partition; after that, attach a delay condonation petition.
• Fee and time: mutation is free. The CO must decide within 35 working days without objection, 75 with one.

A brother sold ancestral land without partition: what now?

The mutation FAQ answers this. A sale deed alone doesn't change ownership in the records; that needs mutation. When the buyer applies, you can file an objection. If it is upheld, the CO won't transfer the record.

• How you find out: SMS alerts on your jamabandi. Also watch the mutation applications on your plot on Bihar Bhumi. More: how to avoid land fraud.
• What the buyer needs: land bought from someone other than the jamabandi raiyat needs the vanshavali, proof of the seller's relationship, and the other co-sharers' consent for mutation.

If the family can't agree on the partition

Only a lawyer who has seen your papers can say which route fits. Try once more to agree as a family first. A registered partition deed is the cheapest option.

What should you do? (our advice)

• Don't put the partition off. Three siblings today can be twelve cousins in twenty years.
• Register the partition. For family property the government cost is ₹100 in all.
• Include the daughters: carve out their share, or let them release it freely by a registered deed. A partition that leaves them out can be challenged.
• Apply for mutation within 90 days and switch on SMS alerts on the new jamabandi.
• Living outside Patna? Be present for the partition or give a registered power of attorney: buying property in Patna from outside.
• Buying ancestral land? See the 6 checks in the collapsed box at the bottom.

Ancestral land partition: FAQs

1. The jamabandi is in my grandfather's name. Can I sell the land?

   The registry will go through: in Samiullah v. State of Bihar (7 November 2025) the Supreme Court struck down a Bihar rule. That rule let registration be refused when the jamabandi wasn't in the seller's name. But you can sell only your own share. The buyer's mutation needs the vanshavali, proof of relationship and the co-sharers' consent. So a registered deed is no proof of full title. The safe order: partition and separate jamabandi first, then the sale.

2. Is there one application for inheritance and partition together?

   News reports from December 2025 say Bihar Bhumi added a single "inheritance-cum-partition" application. So heirs don't need separate mutations one by one. Look for it when you apply; if you can't find it, ask your halka karmachari or circle office.

3. How is the vanshavali filed in the special survey?

   In Prapatra 3(1), or since the June 2026 amendment, Form 3(1)(A) in municipal areas. Per the survey FAQ it is verified through the gram sabha, panchayat sevak or chowkidar/dafadar. If the heirs have moved to Patna city or out of Bihar, it is still made in that revenue village, with help from the mukhiya, ward member, sarpanch or chowkidar.

4. Do these share rules apply to Muslim and Christian families?

   No. The Hindu Succession Act covers Hindu families; Muslim and Christian families follow different laws. Have a lawyer fix the shares with your papers in hand.