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manjunath (VA)     25 November 2010

Civil court Decree

we were living has a hindu undivided family. Later one of the family member filed a civil suit for partition and subsequently all of the joint properties was divided among all the members and a compromise petion was filed, upon which the court gave final decree(lok adalat). The propery was divided into 5 parts. I got one of the parts. Most of the property consist of Agricultural Lands. After obtaining the Decree copy, and all the revenue Records. i went for Katha change, i was told to get the land surveyed before getting the katha transfer done. When i went to get the land surveyed i found that in one of the Survey numbers the land is much less and half of what is stated in Revenue records. what can i do about it?? can i get the court decree rectified??



 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 November 2010



What is stated in the compromise petition might have been decreed.  If it is the mistake of the court then you can file a review application before the court.  If it is decreed in accordance with the compromise petition you cannot do anything.

1 Like

Viswanath (Student)     25 November 2010

The revenue records have to be traced with regard to the fate of the remaining part of the land. This may be of any reason such as road development, etc.
 After tracing the records, you may proceed further to claim compensation from the local authorities, or to file a revision petition against the compromise decree.

1 Like

Y. ARAVIND (ADVOCATE)     26 November 2010

Property is divided into Five parts as per final decree.  What are the boundaries mentioned in the final decree.  The land will be identified with boundaries; but not alone witth khata number etc.  File execution petition to impliment final decree as per boundraries mentioned therein.    

1 Like

(Guest)

YA ITS TRUE.  BOUNDARIES WILL PREVAIL OVER BOUNDARIES. BETTER FILE  FINAL DECREE PETITION OR EXECUTION PETITION TO TAKE OVER THE POSSESSION. YOU WILL GET PROPER RELIEF 


(Guest)

A CORRECTION BOUNDARIES WILL PREVAIL OVER SURVEY NUMBERS (KATHA)

SACHIN AGARWAL (ADVOCATE)     26 November 2010

I agree with Mr. Raju.

1 Like

niranjan (civil practice)     27 November 2010

In my opinion you should tell other members of the family to adjust remaining land by way of compensation.Or find out from records of all the survey numbers,particularly adjacent s.nos.that similarly land mentioned in revenue record about that snos.is less than physical,in that case you can get both the s.nos.remeasured and get your missing land from that s.no.

1 Like

(Guest)

IN taking over the possession of separate share in the property the the court will appoint a commission to survey and note down the actual extent of the property.  The commission report and plant will describe Whether the schedule of property  and other extents are correct or not.  if the schedule of property is correct the court will order take over the concerned property from other encroachers/adjacent properties.  If the Property is wrong and not correct file a petition to correct and amend the schedule of property in compromise decree/preliminary decree.  Other wise  file Petition to sell hte property in public action  and get equivalent share amount from properties as per compromise decree.

1 Like

manjunath (VA)     29 November 2010

Thank u all of u. Final decree has been  passed according to Compromise petition and no commission was appointed by the court.

i was told by the survey officer that during original survey in 1930 few survey numbers did not get proper survey and they dont have tippan(map) and extents in Revenue records were entered by approximation only. Now if i get a survey done i will be losing certain amount of land and i have to get the revenue records rectified accordingly.

My question is can i get the final decree rectified due to changes in revenue records?? if not what can i do for getting the papers registered and getting the  katha change?? Because all lands fall in karnataka, According to recent amendment to Karnataka Land revenue act 1964 survey is compulsory for katha change and registration act has been changed that all lands should have suvey report according to revenue records and Partition deed/ sale/ final decree etc.

can i now request the court to appoint a commission after final decree???

Now my brothers have agreed to give a separate piece of land else where because i will be losing some land  in resurvey, how can i get it from them now that the final decree has been passed???

please help...

 

 


(Guest)

you can file a petition consult your local lawyer


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