Allotment of share in final decree proceeding
Querist :
Anonymous
(Querist) 22 May 2018
This query is : Resolved
My father had filed a partition suit against his three stepbrothers and his stepmother. It is an ancestral property.when my father expired,we were substituted in that suit. In 2004 the trial court decreed 1/5th share in the preliminary decree in our favour.It is to be mentioned here that the properties are situated in three places. The land relating to first and second place has been amalgamated in one place as per ROR. But the third place property belongs to consolidable area where consolidation operation is over. Final ROR of that area has been published in1998. As per the ROR of the property of that consolidable area, my stepgrandmother"s name has not been recorded. Prior to publication of the ROR my stepgrandmother alongwith my father and her sons had sold some property of that consolidable area to two persons in 1988. At that time the said property had been recorded in my great grandfather:s name.One of the transferee has mutated the land sold to himThe other has filed a case before theDirector, consolidation, Odisha in 1999 for recoding his name against the land he purchased as he has been in peaceful possession over the land. My question is as the property is in the consolidable area does the civil court have any power to adjudicate the right,title and share in that property? Whether the land sold by my stepgrandmother in that area will be allotted to her and her share will be adjusted during the final decree proceedings? Now she is dead. Can her legal heirs take the plea that as her name has not been recorded she did not have any right and share on the land she had sold?
Kumar Doab
(Expert) 22 May 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Ms.Usha Kapoor
(Expert) 23 May 2018
Please post your ID and not as Aq you will get many replies.
R.Ramachandran
(Expert) 23 May 2018
You say that you have already got preliminary decree according to which 1/5th share has been decreed in your favour.
If some property is in consolidation stage, then Civil Court will not get jurisdiction to adjudicate upon that. But, still the overall 1/5th share of yours will cover that property as well.
Yes, if your father's step mother had sold some property, it will be adjusted against her share. It does not matter whether her name is there in the mutation records or not. Further, her legal heirs cannot say that since her name was not mutated what she sold was not her share.
The matter should not take so many years. Better be vigilant. Be in touch with a local lawyer and take steps.
Guest
(Expert) 23 May 2018
Better take help of your own lawyer in realizing your share of property and get mutated further in the name of the eligible legal heirs as per the decree.
Asgher Mahdi
(Expert) 23 May 2018
Legal Heir can claim unless limitation period is allowed.
Kumar Doab
(Expert) 23 May 2018
The error if any, by any authority should not lead to disadvantageous situation to Co-sharer or legal heirs/successors.
The courts shall pierce the veil, lift the veil and unearth the falsehood.
Kumar Doab
(Expert) 23 May 2018
The error if any, by any authority should not lead to disadvantageous situation to Co-sharer or legal heirs/successors.
The courts shall pierce the veil, lift the veil and unearth the falsehood.
Kumar Doab
(Expert) 23 May 2018
You seem to be having a god lawyer that has fetched you relief.
Or You can also approach another very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and having successful track record ….. and worth his/her salt …for help and guidance after considering all docs, inputs in person.
P. Venu
(Expert) 23 May 2018
What do you mean by step-grandmother? How you are a legal heir to the same?
