Metes and bounds

This query is : Resolved 
 

Online (Querist)
08 June 2021

Note I have no property documents/papers all are with one brother,Now I want to file a partition suit ,so as to divide our deceased fathers self aquired immovable residential property among we brothers by metes & bounds ,motive to get my legal share and sell it off because as there is no harmony between brothers in respect. to the concerned property.Query under these circumstances how do I file a partition suit without property papers.
Our father left no WILL.


Dr J C VashistaOnline (Expert)
08 June 2021

Obtain certified copies of title documents from concerned Sub-Registrar and Surviving Member (LRs of deceased) Certificate from Tehsildar/ SDM, consult and engage a local prudent lawyer for institution of suit for partition and possession.

shyam lalOnline (Querist)
08 June 2021

Thank you Dr.Vashista,you have advised to procedure certified copies,the first thing the resgistrar will ask who I am ,why I need it ,under which act/order etc can I get the desired certified copies with out any further questioning /harassment

KISHAN DUTT RETD JUDGEOnline (Expert)
08 June 2021

Dear Sir
You can just approach revenue officers or municipal office where the landed and house property are situated. Then get details of the property and family genealogy along with death certificate of your father then file partition suit.

shyam lalOnline (Querist)
08 June 2021

( Expert ) KISHAN DUTT REDT.JUDGE.
Along with my partition suit can I request the court to summon my brother with all the relevant papers in respect to the property concerned.And also give me and the court certified copies each

T. Kalaiselvan, Advocate Online (Expert)
08 June 2021

You ascertain the details of the property and first obtain an encumbrance certificate from the registrar's office.
In the encumbrance certificate you will come to know the latest transactions pertaining to the properties that were on your father's name including the document numbers.
You can then apply for certified copy of the registration documents and file a suit for partition by impleading all the legal heirs of your deceased father on the side of defendants and you as a plaintiff.
In the pleadings of the plaint uyou cn mention bout the possession of the original document with the named defendant and seek the court to direct him to produce the same before court during the trial proceedings.
In the suit for partition you can pray for dividing the property equally into number of shares according to the number of legal heirs/successors in interest to succeed to the estates of your deceased father, by metes and bounds and good and bad soil and to allot one such share to you with separate possession.

Dr J C VashistaOnline (Expert)
09 June 2021

For inspection and obtaining certified copy of a registered document please refer to Section 57 of Indian Registration Act, 1908 which reads as under:-

57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.—
(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.
(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.
(4) The requisite search under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer.
(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents. State Amendments Gujarat: Same as in Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Maharashtra: In sub-section (1), after the words and figure “Book No. 1”, the following words and figures were inserted, namely: “and, so long as they are preserved, the copies filed under sub-sections (1) and (3) of section 89 and the indexes relating to such copies.” [Vide Bombay Acts 5 of 1929, sec. 10 (w.e.f. 22-5-1929) read with 35 of 1958 (w.e.f. 24-4-1958)].

shyam lalOnline (Querist)
09 June 2021

Thank you Dr.Vashista.in continuation does this only apply to the sub -registrars office or it also applicable entire gov.departments.

Advocate Bhartesh goyalOnline (Expert)
09 June 2021

For filing partition suit, essential documents are required such as sale deed/ registered conveyance deed alongwith map

shyam lalOnline (Querist)
09 June 2021

Advocate Bhartesh Goyal ,none of the documents you have mentioned are not with the person,hence what does one do?

Advocate Bhartesh goyalOnline (Expert)
09 June 2021

He should obtain copy of detais of disputed property from concerned Municipality or from Revenue Department.He should also file an application u/order 11 rule 12 & 14 CPC to call the documents which are in possession of defendants and have relevance wIth case.



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