Agricultural land & non-agricultural land procudure for partition suit

sankardas chatsant (Querist) 21 October 2014 This query is : Resolved
Respected Experts & professionals...
A deceased person having his share agricultural land and non-agricultural land for partition. This he got by way of registered partition deed of 1958.
The legal heirs of this person, if prefers to file a partition suit for the partition of the above mentioned both properties, whether they can file a single partition suit or will they have to file separate partition suit for agricultural and non-Agricultural land ?

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Sudhir Kumar, Advocate (Expert) 22 October 2014
laws relating to agricultural land are different in each state.

Sudhir Kumar, Advocate (Expert) 22 October 2014
repated

http://www.lawyersclubindia.com/forum/details.asp?mod_id=111144&offset=1#.VEbuqVeO5G0

Sudhir Kumar, Advocate (Expert) 22 October 2014
repeated

http://www.lawyersclubindia.com/experts/Partition-of-ancestorl-property-501601.asp

Devajyoti Barman (Expert) 22 October 2014
if repeated then no reply..

ajay sethi (Expert) 22 October 2014
repeated query

sankardas chatsant (Querist) 22 October 2014
Hearty Diwali to all respected sirs,

sankardas chatsant (Querist) 22 October 2014
Thanks for valuable reply respected Experts,

Wishing you a very happy Diwali !!!
Now I understand the procedure for partition suit.
One more humble doubt, which we anticipate, hence this query sirs, If 5 legal heirs are living and in possession of this joint property for the last 50 years. If this heirs do repair and annual maintenance of this property, Can any other legal heir or group of legal heirs of this property get a stay or injunction against such repair. If they can, on what ground will they bring injunction or stay ? Is it not that they have to file partition suit first? (because a couple of rounds of talks regarding partition is not conclusive, But no partition suit filed by anybody yet.) First round of discussions over the table is on now... But we anticipate it won't be settled amicably. so it may go for a partition suit. or else we (major share holders, possessing the property now) will be forced to file a partition suit after waiting for 6 months or one year. In this time we may have to do some repair work or small renovation, for which whether they can initiate a stay or injunction without a partition suit is our humble doubt. Because we want somebody else to file a partition suit, because we are under the impression that the party filing the suit will have to take lots of pain, unlike the respondents. Wishing you a hearty Diwali sir...

Devajyoti Barman (Expert) 22 October 2014
SORRY, WE DO NOT REPLY IN REPEATED QUERIES.

T. Kalaiselvan, Advocate (Expert) 23 October 2014
Though the author admits to have repeated the query but his latest query is different and has not repeated hence I feel he can be attended to;
In a partition suit, though there are plaintiffs and defendants, in situation similar to yours practically there are no defendants because all have rights to a share in the joint property. For a property to be registered after disposal of the suit even the defendants have to pay their respective court fee to claim their share and also to register their share as per the partition decree. Therefore, there should be any more hesitation to file a partition suit in case the talks over the table fails and does not produce any result. As far as any renovation or repair works, you can go ahead with it if it is badly required fora safe living atmosphere. This cannot be objected, but if you apprehend that they are likely to obtain an injunction order on it, you may file a caveat petition against those intending petitioners in advance so that you can continue with your minor repairs/renovation works uninterrupted. for further issues you may take the advise of your local lawyer and proceed properly/legally.