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Title via partition deed

(Querist) 23 September 2014 This query is : Resolved 
Dear Sir,
My 7/12 has been messed up by Tehsildar. I want to file suit against encroachment and do not have the time to get 7/12 rectified. Will my registered Family Partition deed be enough to file a suit and prove my ownership?
Thanks ,
Pramod
Devajyoti Barman (Expert) 23 September 2014
partition deed is sufficient to file suit for partition.
Advocate Bhartesh goyal (Expert) 23 September 2014
Agree with Mr Barman.
Pramod (Querist) 23 September 2014
Dear Sir,
I do not want to file suit for partition . Third party is encroaching on the land I want to file suit against third party and use my Partition deed (as 7/12 not clear) to prove ownership of the encroached land.
Thanks
Pramod
Pramod (Querist) 23 September 2014
Dear Sir,
I do not want to file suit for partition . Third party is encroaching on the land I want to file suit against third party and use my Partition deed (as 7/12 not clear) to prove ownership of the encroached land.
Thanks
Pramod
anand (Expert) 24 September 2014
file case against the third party under joint name, if possible........else file a suit in which make the third party and your partner as defendant and suit shall be declaration and partition
Pramod (Querist) 24 September 2014
Thanks all
Raj Kumar Makkad (Expert) 24 September 2014
In which State your agricultural property is situated?

I am asking this because there are different State laws to deal with such situation. In Haryana, there is no need to file a suit for possession in such event. Revenue court (Collector) is empowered to remove the encroachment.

It shall be better to first get correction in 7/12 extracts.
T. Kalaiselvan, Advocate (Expert) 01 October 2014
A registered partition deed was executed after proper partition arrangements among the co-sharers, this is not involving the revenue records while the demarcations were made. The original property measurement and particulars may be wrong when compared to the details held by the revenue department, so as rightly suggested, better go for correction of 7/12 as per actual particulars and then see if there was any encroachment, thereby you can file a suit if necessitated by an alleged encroachment.
Pramod (Querist) 04 October 2014
Thankyou all. I am filing suit against encroachment based on partition deed and also getting my Property Registration card made side by side. I cannot wait to correct 7/12 it will take 3 yrs. Land is in Maharashtra. I need to get injunction and status quo against development.
Pramod (Querist) 04 October 2014
Thankyou all. I am filing suit against encroachment based on partition deed and also getting my Property Registration card made side by side. I cannot wait to correct 7/12 it will take 3 yrs. Land is in Maharashtra. I need to get injunction and status quo against development.
Pramod (Querist) 06 October 2014
Thankyou all. I am filing suit against encroachment based on partition deed and also getting my Property Registration card made side by side. I cannot wait to correct 7/12 it will take 3 yrs. Land is in Maharashtra. I need to get injunction and status quo against development.


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