partition of ppty by Collector

AJIT KAWATKAR (Querist) 15 June 2008 This query is : Resolved
maharashtra land revenue code 1966-no.85[2]states--if in any holding there are more than 1 coholder any such coholder may apply to the collector for a partition of his/her share in the holding provided title is clear.
Q. my spinster sister &other married sister-since died;jointly hold n.a.ppty.in aurangabad city.the ppty is in possession of her heirs[3sons] how have not mutated their names yet for they dont want to add their sisters name.my spinster sister wants her share to be partitoned mutually to that they are reluctant & advising her to get it through court which is time consuming &expensive too. kindly guide me whether she can request petition to the COLLECTOR for quicker relief? her age is 83yrs.

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J K Agrawal (Expert) 15 June 2008
Sir
There are two ways to get the property partitioned. One is to go to revenue court and seek decree for partition under Maharashtra Tenancy Act. Other remedy is to apply to Tehsildar under Maharashtra Land Revenue Act to register partition and change revenue record accordingly. First way is time consuming and may take a few months to some years. Another way is a job of five or seven days but there should be no dispute between parties. Dispute means there should not be any legal rival claim. (Only non willingness is not a legal dispute) So second method can be applied. First method is to be applied only when second method fails but generally the advocates adopt first method only.

AJIT KAWATKAR (Querist) 16 June 2008
kindly let me know where REVENUE COURTS are?procedure to be followed? whethere we ourself can plead the case or otherwise?fees;approx.time to get jgdment?documents to be attached?whether appeal is allowed?

Guest (Expert) 16 June 2008
Your jurisdictional Tahsildar is the Revenue Officer, who acts in the capacity of Judge of the Revenue Court.

Simple applications with proper details will be entertained.

You can plead the matter yourself.

Fees and time depends how good the officers are.

All documents you rely upon will be required to enclosed, apart from the relevant land records.

Yes if not satisfied, appeal to Assistant Commissioner of Revenue.

AJIT KAWATKAR (Querist) 27 June 2008
as per your advise i approched the office of TEHESILDAR at AURANGABAD-MAHARASHTRA.their view is--"they undertake cases where CO-OWNERS agree for MUTUAL PARTITION &if they dont then one has to go to for civil suit for partition." which will be time consuming/tiring too.In this perticular case the PR-CARD is clear in CO-OWNERSHIP;the possession is with Diceased Heirs{names not mutated as yet}; the affecting co owner is spinster[83yrs].The Revenue Code clearly states the collector is empowered to decide this type of matters. kindly advise.

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