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Nandkishor Bodkhe   12 February 2024

Can we send legal notice to talathi

. Regular civil appeal No.144/2010 in the District Cour, Niphad (Nashik) was filed on 03/12/2010 by plaintiff Sitabai Damodhar Bodke, Nandkishore Damodhar Bodke, Kalpana Prakash Ippar and Sarla Damodhar Bodke.

 The judgment of the said claim was given on 30/08/2023. Order that Kalpana Prakash Ipar be given 5th share in joint paternal property (all the properties mentioned in the suit) The Hon. District Court granted Order.

In the allotment of Bhimaji Bodke's land as per Record No. 156 of 1991, the defendant Tulsabai Damodhar Bodke illegally acquired some of the share of Damodhar Bhimaji Bodke in his own name. The said land belongs to a Hindu joint family. Regarding this Hon. The District Court in its order has clearly mentioned that the said land is ancestral and the respondent (Tulsabai Damodhar Bodke) has not produced any evidence that the said land was acquired by her own efforts. 

now we have sent application to Talathi to register the name of kalpana Prakash Ipar as legal heir but talathi did not take any action since 2 months. can we send legal notice to talathi? please guide me.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 February 2024

After the judgement by court you have to get the partition decree registered and with the registration copy you submit an application to the concerned Tehsildar for transferring the revenue records of your share of property to your name.

The Talati will take action on the instructions of the Tehsildar.

The application submitted to Talati directly after judgement may not be entertained by him.

Nandkishor Bodkhe   13 February 2024

thank you very much respected sir

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