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Change in Girdawari

(Querist) 21 February 2010 This query is : Resolved 

I own a plot which is part of a bigger piece of land and i am the co-owner along with two others.

Recently, one of the other co-owners filed an application for changing the Girdawari in his name and also succeeded in getting the same done from 2000 onwards based on an order by the Tehsildaar (as asst collector first grade) by showing me ex-parte (using the old address on my registry)

I have the following questions :

1. Does the Tehsildaar have power to change the girdawari (Note that he has accepted the application which spans across an older jamabandi)

2. Can the Girdawari of a land-owner be changed under any circumstances if he has not consented to the same.

3. The Girdawari to start with was in the name of all the co-owners and so there was no real need to get it corrected. But one of the co-owners has now got it changed to his name for the entire piece of land eventhough he only owns a fraction of the entire piece. Does this amount to tampering of land records ??
Parveen Kr. Aggarwal (Expert) 22 February 2010
1. Tehsildar is not empowered to change Girdawari prior to the period of Jamabandi. Only Civil Court can rectify Girdawari prior to the period of Jamabandi.

2. Girdawari can be changed only after complying with the principles of natural justice, i.e. after giving notice to all the affected parties and after hearing them.

3. The change of Girdawari in the circumstances is not correct.
Raj Kumar Makkad (Expert) 22 February 2010
Tehsildar has violated the procedure and his powers openly to favour the applicant. If Girdawri initially was joint, there is no reason to get it changed without obtaining specific affidavit from you. You now move to Collector of your District and file an appeal against the aforesaid order and obtain stay order against the implementation of the same.
Guest (Expert) 22 February 2010
i do agree with experts
AwMeAbN (Querist) 22 February 2010
Thanks ! Praveen, Raj and Ajitabh

O. Mahalakshmi (Expert) 22 February 2010
I am also agree with Raj Kumar Makkad Sir.

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