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Kumar Mysore (no)     13 November 2023

How to oppose survey commissioner report in FDP case


Our parents have one elder sister & 3 brothers. Our sister filed an partition suit & court order to give 1/4 in our properties. Now it is under FDP.Our parents no more.

A Survey commissioner appointed by the court is submitted a report & it is completely against to us. He deducted the portion for our sister is at middle of the land or to block the way to enter our land.
we are not ready to share all 4 boundaries with our sister property. it will create big fight in future between us & she may trouble us & our children in future. it is a life long trouble. so we are ready to give at edge.
And also our sister staying in her husband house & they have land there & doing agriculture. Here she wants her share only because of law & akso to trouble us life time to show her enemy character.
If partition shared as per commissioner report we 3 brothers family will suffer life long.
Someone please suggest how to oppose this report. our lawyer is not friendly & he is not attending our case properly too. So we are scaring about this.

Thanks in advance.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 November 2023

You can file an objection to the demarcation made by the surveyor, and refuse to accept his report.

However, please let me know that if it is the surveyor or the court appointed commissioner who is making this inspection for  partition ?

In the final decree petition the petitioners will request the court to appoint court commissioner to inspect, measure and divide the properties as per the terms of the preliminary decree.

If the court appointed commissioner's report is not satisfactory and you people are not willing to accept the partition/division suggested by court, then the court may pass an order to sell the property and distirbute the sale proceeds to the entitled persons accordingly because the property becomes indivisible.

Kumar Mysore (no)     14 November 2023

Thanks for your Suggestions sir.

Surveyor appointed by court & he made completely favour to petititioner & he completely ignored all 3 respondents.

I mean in our land we have 3 pump sets, this surveyor shared all 3 pump set to petitioner (our sister). He didn't share any pump set to us. And some locations he blocked the way to enter into our land by sharing entrance portion to petitioner. Here we have 3 shares & she has only one how he blocking the way to us. Please suggest some more points to oppose this false report.

Thank you


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