RTS Appeal With revenue authorites

This query is : Resolved 

08 January 2010

An appeal is made to Deputy Collector ( Prant) for inclusion of names of leagl heirs on ancestral property . If a Depucty Collector/ Prant takes a decision to inlclude all the names of legal heirs. What is effect. Can a Circle Office or Talathi act upon that and alters 7/12 extract to include the names of leagl heirs. Are there any appealing procedures in revenue act . Is it necessry to approach to Civil Courts to take a possesion of land to the heirs whose names are included sicne the property presently not in their possession.

Your valuable advice is required on the matter

niranjan (Expert)
08 January 2010

Under Bombay Land Revenue Rule 108 you can prefer further appeal to the Collector and then Revision to the Revenue Secretary Appeals. For taking possession of the property,the decision of revenue authorities have only presumptive value but that cannot be enforced by court.For taking possession you ha ve to file suit of partition and possession.

adv. rajeev ( rajoo ) (Expert)
14 January 2010

Revenue court orders are not binding on all and it has no authroity to hand over the possession Hence it is better to file civil suit.

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