Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Santosh (IT)     18 November 2013

Court commissioner and land division

Sir/Madam,

There is a parcel of land of around 5.5 acres in Bangalore, which has been converted to a layout of around 70 sites. Most of the sites are sold and around 20 are occupied for almost 10 years. I am owner of one of the houses on these sites.

The sellers family of 5 brothers & mother sold the sites and signed the sale deeds for all sites. The father (original owner) is deceased. Now a daughter has filed a case as a claimaint and asking for her share. The court has appointed a Court Commissioner to perform the division to provide the daughter share.

Request for input and advise as to how the Court Commissioner will go in performing the division, what are the rules laid down for, can you point to any references in terms of law guidelines, rules, judgments etc.

Really looking forward for your advise.

Regards,
Santosh



Learning

 2 Replies

Ahishek Shinde (none)     18 November 2013

Generally  Court Commissioner is appointed during the execution process (darkhast) of decree.

You need to see the contents of decree. If sale deed has happened before 12 years, then you are absolutely safe.

Your property is NA or purchased plot as Agricultural land? That also matters during darkhast proceeding.

BAALASUBRAMANNYAMM (Advocate)     18 November 2013

You better to obtain copies of proceedings/orders and  all the papers in the above case and consult a lawyer.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register