Partition

PRAKASHCHANDRA MARU (Querist) 31 January 2015 This query is : Resolved
Plaintiff has two brothers and two sisters. Single sister and single brother have been expired. That plaintiff has lodged the suit to enter the entry in the revenue record name of him. Plaintiff has joined as defendant sons and daughters of his deasead brother and sisters.
As per the averment of plaintiff when land was allotted to his brother plaintiff was minor and his father was alive. that time land was used to cultivate with the deceased his deceased brother and his deceased father. As the family of plaintiff was joint hindu family so as administrator of Hindu family the said land was done in the name of deceased brother of plaintiff because on that time he was minor. Deceased brother of plaintiff was major so entry entered in the name of him under the instruction of father of plaintiff.
After the receiving the said land and passing the 30 yetars father of plaintiff got death.Accoring to distribution of the family plaintiff got 50 % land admeasuring area of land bearng hectare are 2-13-97. This matter was decided by plaintiff and his deceased brother. As per the mutual under standing plaintiff taken possession of the said land and from the date of the taking possession plaintiff and his deceased brother used to cultivate the land as separately.
As helath was worst of the brother of plaintiff so plaintiff not demanded to enter any entry in revenue record because the implication was taken place practically as per the family distributation.so no any entry was made in the revenue record. Another reason was that there was the obstruction that the land was new condition so it was not possible to do any thing in the revenue record. So was postponed to make any change in the revenue record. Then after brother of plaintiff got death so no any revenue procedure taken place.
As brother of plaintiff got death, After death of brother of plaintiff, plaintiff demanded to deliver the land to his heirs as per the distribution but the market value increased so heirs of the brother of deceased does not execute the sale deed of the said participated land and also not adopt any procedure so the name can be entered in the revenue record. At present the possession of the land is with the plaintiff and plaintiff cultivates it.
There are three schedule shown in schedule.
Schedule -A Schedule – B Schedule -C
4-43-13 whole land 2-13-97 half land 2-29-16 non cultivated land of defendants
That after the death of brother of plaintiff heirs of his deceased brother got entry in the name of them. On the base of the said note heirs of deceased they got loan for agricultural purpose from the bank and the said amount use for another purpose so it was come to knowledge of plaintiff so cause of action arose for the present suit and demand relief as here under stated.
RELIEF /PRAYER
(a)To Held that plaintiff is sole owner and possessior of the land which is shown in schedule B
(b)To Held that participate the land from the land which is shown in schedule A and draw primary and final decree in the favour of plaintiff
(C)To Held that plaintiff is sole owner and possessor of the land which is shown in schedule B

pls give guidance
regards

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P. Venu (Expert) 01 February 2015
It appears from the information provided that the queriest's father had acquired the property. Thereafter, some mutations have been carried out in the revenue records, but no partition has taken place. If so, the siblings and the legal heirs of the deceased are the joint holders of the property and the proper remedy would be a suit for partition.

T. Kalaiselvan, Advocate (Expert) 01 February 2015
A proper partition suit is the answer for your query. Take the help of a local advocate in this regard.