I need partition of Pond/ Talab
mohan
(Querist) 24 November 2018
This query is : Resolved
Me and my brother have 95% portion in a pond/ talab whereas so many other partners( almost 6) are there in totally they have only 5% . now the pond became non productive . can I go for Court for partiton Mamla and can it be fruitful?
SHIRISH PAWAR, 7738990900
(Expert) 24 November 2018
As per me you cannot have division of pond. If you have 6 - 7 ponds then position would have been different.
mohan
(Querist) 24 November 2018
Then what is the solution, person having 1% portion ownership , making problem and forcefully he fishing and accuaring all the part. Now we are deprived although we are 95% portion of the land..
Dr J C Vashista
(Expert) 25 November 2018
How did you acquire 95% share in the talab ?
What are the document(s) to prove other 5-6 persons have ownership of remaining 5% ?
Move to civil court for partition through a local prudent lawyer.
Adv Shailendra Deshpande
(Expert) 25 November 2018
As per initial query, You have mentioned that pond is non-productive. It needs to be proved with evidence from Local Municipal Corporation. As Pond has given right of Fishery (ref. You second comment), hence now you can follow course of Law to prove your (other brothers) possession and right assigned under it. Then only the legal status will be cleared for Partition Suit.
mohan
(Querist) 25 November 2018
Respected Sirs , me and my brother have docs of land, we have 25 katta and another parties two person who are passed away having total 6-7 sons and daughters they are now owner by inheritance, totally they have only 1.2 katta. So as per your opinion if I collect all the other owners land docs I can move for partition mamla???
Sudhir Kumar, Advocate
(Expert) 26 November 2018
Practically you cannot divide pond. Technically you have a right to get it sold and proceeds divided.
please be clear if the pond is productive or not.
mohan
(Querist) 26 November 2018
It is non productive by last 20 yrs.
mohan
(Querist) 26 November 2018
Forcefully they looted all fishes and trees 20 yrs before , so if we start doing culture it again they will take away all..since it is now full covered of algaes and bushes..
mohan
(Querist) 26 November 2018
Respected Sudhir sir I cand understand , the way left only I have to shell it??
Hemant Agarwal
(Expert) 26 December 2018
1. Move proper application before the Tahsil office, that the Pond has become defunct (by giving reasonings & photographs & affidavit) and that the Pond needs to be drained and closed.
2. AFTER compliance of all the above, file application before the Govt. Survey dept., for partitioning of the Pond land and other relevant required objectives.
3. ELSE buy-out the share of the others and enjoy.
Keep Smiling .... Hemant Agarwal
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