Urgent -claim 1/5 share by lower court order
Guest
(Querist) 01 March 2015
This query is : Resolved
DEAR EXPERTS,
I HAVE GOT PRINCIPAL DISTRICT COURT ORDER 15 DAYS BEFORE TO CLAIM MY 1/5 SHARE BY PARTITION SUIT AGAINST MY COUSIN. PLEASE ADVICE FOR THE FOLLOWING MY QUERY.
1. HOW MANY DAYS AFTER COURT ORDER COME TO FORCE (EFFECT)?
2. CAN I CLAIM LAND PATTA CHANGE (IN V.A.OFFICE) BY THIS ORDER SUDDENLY OR WAIT FOR SOME DAYS ?
3. CAN I SALE TO THIRD PARTY IN MY 1/5 SHARE BY THIS COURT ORDER?
4. WILL NEED TO SUBMIT MY ORDER COPY TO SUB REGISTER OFFICE FOR REQUIRED CHANGES IN LAND RECORD?
5. CAN MY COUSIN TAKE ANY STAY ORDER IN HIGH COURT AGAINST MY COURT ORDER?
6. IF MY COUSIN GO APPEAL IN HIGH COURT AGAINST MY COURT ORDER, WILL AFFECT MY ORDER OR MAY OCCUR ANY PROBLEM CLAIM 1/5 SHARE IN THIS MOMENT?
7. IF MY COUSIN GO APPEAL IN HIGH COURT, HOW LONG IT WILL TAKE APPROXIMATELY TO DELIVER JUDGEMENT?
8. CAN I STOP MY COUSIN USING MY 1/5 SHARE LAND BY THIS COURT ORDER?
9. HAVE ANY RULE TO STOP MY COUSIN APPLY APPEAL IN HIGH COURT?
10. CAN I MOVE TO SURVEY MEASUREMENT BY THIS COURT ORDER IN MY 1/5 SHARE LAND?
THANKS ALL EXPERTS,
SUJATHA
R.K Nanda
(Expert) 01 March 2015
send order details to get reply to ur 10 questions.
Guest
(Expert) 01 March 2015
Get your court order examined by some expert to guide you suitably.
Rajendra K Goyal
(Expert) 01 March 2015
On the available facts following advise given, however meet local lawyer and show him the order copy.
1. Court orders come in effect immediately, better wait till appeal period is over.
2. You can if no stay granted by higher court.
3. Yes you can, however advised to wait till appeal period is over.
4. You should submit to get the mutation in records.
5. Yes.
6. Depends on the orders of the High Court.
7. Can not be predicted.
8. If not agreed by your cousin, go for execution.
9. It his right, no rule can stop him for going to appeal.
10. Consult your lawyer in view of court orders.
Guest
(Querist) 04 March 2015
THANK YOU EXPERT MR. RAJENDRA K. GOYAL AND OTHERS,
NOW MY COUSIN IS PREPARING FOR APPEAL IN HIGH COURT AGAINST MY DISTRICT COURT ORDER .
1. IS THERE ANY OTHER WAY TO CLAIM MY 1/5 SHARE?
2. SHOULD I WAIT UNTIL HIGH COURT JUDGEMENT COME?
3. CAN I FILE ANY OTHER CASE IN DISTRICT COURT OR HIGH COURT FOR CLAIMING 1/5 SHARE BY THIS MY FAVOUR JUDGEMENT?
PLEASE ADVISE ME EXPERTS.
THANK YOU EXPERTS.
Devajyoti Barman
(Expert) 06 March 2015
1. File execution petition.
2.No, file execution proceeding anyway.
3.No
The reply given above is taking into consideration that final dercee is passed.
If not then you have to apply for passing of final decree before filing execution case.
