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ronak (mr)     25 September 2011

Partition suit

suppose like two brothers A,B

and have the ancestral property including agriculture as well as residential land.

my question is

if one has to file a partition suit for equal division of property.

1.  Then for residential it is civil court and for agriculture it is revenue court

                 or 

2.  Both the property can be partitioned by the civil court...Did civil court has the jurisdiction to partioned the agriculture land also...

              or 

3.  They have to file a sepearte suit in revenue court for agriculture land?



Learning

 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     26 September 2011

You need not to go to revenue to get partitioned the agrl., lands.  Revenue courts have no right to partititon the propertyes.  ONly civil courts have got to entratain such suits.  So file a suit for partition and seperate possession in the civl court for agrl., as well as house properties.

SANJAY SHARMA (ADVOCATE IN CHARGE)     26 September 2011

dear

 

senior advocate RAJOO is right civil court has the both rights about agriculture and residential property

Vipin Kumar Marya (Advocate)     26 September 2011

Yes Mr. Rajeev's advise is correct

Regards

 

Vipin Marya

laxminarayana (Advocate)     26 September 2011

i agree with the rajoo

VIJAY MONGA (ADVOCATE)     26 September 2011

In a suit for partiton is an application under Order 6 Rule 17 is possible even after the commencement of evidence ?  Can any of my friend cite any case law in this regard ?

Alok Tholiya (self employed)     30 September 2011

Even I will like to learn abt this kind of matters.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     30 September 2011

Dear Mr.Ronak

the civil court has jurisdiction to entertain both types of the property


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