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Yashpal Singh (-)     21 November 2014

Partition of agriculture land

We have undivided agriculture Land in Government Records, but have physical partition on the Site by the fencing since 1960.

 

The Brief History of the Issue is:-

 

1. 'A' was the first Tenant of 64 Bigha before 1960.

 

2. He gifted his land to his two sister's son - 1/4 part of his land to B and 1/4 party of his land to C. The interesting point is that in olden times the elder son name is given for tenant in government records - not the younger son.

 

3. A, B and C became the Tenants in Settlement of the 1961.

 

4. A Sold his 1/4 part of his land to his Brother - D in 1981 and remaining land given through his will to other younger brother son "E" in 1983. I am 'E' in the land have Agriculture farm.

 

5. In 1/4 part of the Land of B - there are two part of land that is 1/8 and 1/8 that was occupied by his younger brother, with agriculture activities since last 50 years, without his name in the Government Records. The Land has fencing individually.



5a. There is mutual dispute between the "B-Brothers" in the Gifted part of 1/4 part of land since last 17 years - with none of the others tenant are the party in the case. The appeal is pending in the High Court. B don't want to give the share to his brother due to no name in the Government Records.

 

6. "C-Brothers" sold their land in 2005 by making Residential Plots in his 1/4 part of land.

 

7. In 2004 'B' filed a partition suit claiming that there is no partition in whole 64 Bigha and are doing Agriculture activities Jointly in SDO Court - whereas we have already partition land on the Site.

 

8. Due to appeal of B-Brothers is pending in the High Court - The B himself is claiming the tenancy rights in 1/4 rather than 1/8 by the decision of lower court.

 

9. Due to there mutual disputes they appealed in Revenue Board of Rajasthan and the File has been called there under their application under Rule 7 of subsection 11 of 151 cpc.

 

Now, my question is that:-

 

- We have no concern with the mutual disputes of B-Brothers, but the proceeding in SDO Court is being delayed since last several years. Due to Stay orders by SDO Court we cannot use our property for non-agricultural activities.

 

- Under what law I can claim with application at Revenue Board of Rajasthan that the disputes of B-Brothers is second stage of Partition.

 

- There should be no hearing of B-Brothers application in their 1/4 part until we have first stage of Partition of 64 Bigha between E-1/4; D-1/4; C-1/4 and B-1/4. 

 

- How can we request that since the appeal is pending for B-Brothers in High Court, the partition of 1/4 part between B-Brother cannot be entertain in the particular case. Both B-Brother's 1/8 shares (that is 1/4) should Jointly separated with the partition of other tenant's 1/4 Shares in 64 Bigha in first Stage of Partition.



Learning

 7 Replies

Advocate Ravinder (Advocate/Attorney)     22 November 2014

Before answering your queries, kindly clarify the following doubts:

1. Whether the settlement of 1961 entered between  A , B and C is registered or unregistered.

2. Whether the sale deed sold to D by A is registered or unregistered.

3.  Whether the Will executed to E by A is reistered or unregistered.

4. Whether A is alive or dead if died, date of death.

5.  What is your religion.

You can also contact me ravinder2345@gmail.com or 7893011777.

Yashpal Singh (-)     22 November 2014

My Reply according to asked by Ad Ravinder.P

1. It was a Registered Government Patta

2. Registered

3. Unregistered

4. A is demised on 21@01@1989

5. My religion is Hindu

 

Advocate Ravinder (Advocate/Attorney)     22 November 2014

Nos. 2 to 5 are clarified but No. 1 is not clarified.

I agree that it is registered Govt. Patta land, but whether the settlement  between A,B and C is registered in the sub registrar office or not. Pl clarify.

Yashpal Singh (-)     23 November 2014

I am sending an attachment of the Parcha Lagan - may not be patta.
On the basis of that all three have names in Jamabandi of a particular Khasra of the Land in question since then. 

We have the same certified copy in original that is attached.


Attached File : 32891825 untitled-1.jpg, 32891825 untitled-1.jpg downloaded: 221 times

Advocate Ravinder (Advocate/Attorney)     23 November 2014

As per your clarification to my queries, I can understand that D has got valid title which he got by way of registered sale deed executed by A.  Likewise  E (yourself) has also got title on the date of death of your father i.e. on 21st Jan, 1989 you have become the owner of ¼ property given by A. 

 

You have no concern with the disputes of B and C.  Your requirement is to exclude your dispute from the partition suit filed by B now pending in High Court and the order of SDO. You have to convince the court that your issue is different from the present partition suit.  You should say that B and C are not at all related to the settlement of 1961 and the so called registered sale deed and will deed.  You have to get vacated the stay orders of the SDO. 

 

Tenancy laws and Revenue laws are very complicated subjects. Hence, it is better to appoint an experienced lawyer, otherwise you will lose the case. Normal Advocate will not handle the case.  Do not look for money.  You have good chances to win. If you want detailed second opinion, contact me on my mail id already give to you.

Yashpal Singh (-)     23 November 2014

i sent you the email...

T. Kalaiselvan, Advocate (Advocate)     24 November 2014

You may better consult and discuss at length with a local lawyer who is very well conversant in this field, produce all relevant records before him including the opinion of your own lawyer who has been taking care of this case, take a first hand opinion from this second lawyer in person and proceed as per his advise based on the ground realities.  The information what you have provided here will be sufficient enough to give full and proper opinion.


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