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sankardas chatsant (owner)     21 October 2014

Partition suit for agricultural land & nonagricultural land

Respected Experts & professionals...
A deceased person having his share of agricultural land and non-agricultural land ( ie land with house in city) for partition. This he  got by way of registered partition deed of 1958.
The legal heirs of this person, if prefers to file a partition suit for the partition of the above mentioned both properties, whether they can file a single partition suit or will they have to file separate partition suit for agricultural and non-Agricultural land ? in different courts?
Are the laws same in Haryana, Tamilnadu, Punjab, Kerala, Karnataka?



Learning

 10 Replies

sridhar pasumarthy (ADVOCATE)     21 October 2014

Single suit for partition is allowed.  No separate suits are necessary

sankardas chatsant (owner)     22 October 2014

Thanks very much respected expert sir,

There are 5 share holders, of which none of them are alive.

It is learnt that the legal heirs of these 5 share holders are 33.

Does it need to get signatures of all these 33 heirs to effect partition?

Of these legal heirs three are in abroad. What is the procedure to get signature of these persons?

And another two legal heirs whereabouts are not known now. What to do with their share?

T. Kalaiselvan, Advocate (Advocate)     22 October 2014

If all the legal heirs consent for mutual partition, there is no necessity for a partition suit at all, all can sit sort out the partition issue amicably among themselves and get the partition deed registered and as per the registered deed, individuals can mutate their respective share unto their names.  If suppose the legal heirs do not want to go for a mutual partition settlement, the like minded can form a group as plaintiffs and others maybe arraigned as defendants and a partition suit mentioning different properties as different schedules can be filed before the local civil curt where the property is situate.

sankardas chatsant (owner)     22 October 2014

Sincere Thanks,

Sincere Thanks to respected expert Mr. Kalaiselvanji,

Here the problem is all legal heirs are not in Inida..

There are 5 share holders, of which none of them are alive.

It is learnt that the legal heirs of these 5 share holders are 33.

Does it need to get signatures of all these 33 heirs to effect partition?

Of these legal heirs three are in abroad. What is the procedure to get signature of these persons?

And another two legal heirs whereabouts are not known now. What to do with their share?.

.

Sudhir Kumar, Advocate (Advocate)     22 October 2014

already advised at

 

https://www.lawyersclubindia.com/experts/Partition-of-ancestorl-property-501601.asp#.VEbusFeO5G0

Sudhir Kumar, Advocate (Advocate)     22 October 2014

repeated

 

https://www.lawyersclubindia.com/experts/Agricultural-land-non-Agricultural-land-procudure-for-partition-suit-503281.asp

sankardas chatsant (owner)     22 October 2014

Respected Expert & professional sir...

Hearty Diwali greets !!!

 Sir, Second point is that There are 5 share holders, of which none of them are alive. It is learnt that the legal heirs of these 5 share holders are 33. Does it need to get signatures of all these 33 heirs to effect partition? Of these legal heirs three are in abroad. What is the procedure to get signature of these persons? And another two legal heirs whereabouts are not known now. What to do with their share?

Sir, Thirdly, If 5 legal heirs are living and in possession of this joint property for the last 50 years. If this heirs do repair and annual maintenance of this property, Can any other legal heir or group of legal heirs of this property get a stay order from court or Police or injunction against such repair. If they can get stay, on what ground will they bring injunction or stay ? Is it not that they have to file partition suit first?

sridhar pasumarthy (ADVOCATE)     22 October 2014

so far as the shareholders residing abroad are concerned, they can execute power of attorney in favour of Indian residents.

so far as those whose addresses are not known, mention the addresses at which they usually reside and if summons return, you can serve summons by substituted service like paper publication etc.

If all the share holders do not co-operate file a partition suit.

sankardas chatsant (owner)     22 October 2014

Thanks for valuable reply respected Expert Sri. sridhar pasumarthy sab..
Wishing you a very happy Diwali !!!
Now I understand the procedure for partition suit.
One more humble doubt, which we anticipate, hence this query sirs, If 5 legal heirs are living and in possession of this joint property for the last 50 years. If this heirs do repair and annual maintenance of this property, Can any other legal heir or group of legal heirs of this property get a stay or injunction against such repair. If they can, on what ground will they bring injunction or stay ? Is it not that they have to file partition suit first? (because a couple of rounds of talks regarding partition is not conclusive, But no partition suit filed by anybody yet.) First round of discussions over the table is on now... But we anticipate it won't be settled amicably. so it may go for a partition suit. or else we (major share holders, possessing the property now) will be forced to file a partition suit after waiting for 6 months or one year. In this time we may have to do some repair work or small renovation, for which whether they can initiate a stay or injunction without a partition suit is our humble doubt. Because we want somebody else to file a partition suit, because we are under the impression that the party filing the suit will have to take lots of pain, unlike the respondents. Wishing you a hearty Diwali sir...

GULAB ROHIT (INCOME TAX PRACTITIONER)     22 October 2014

Sir My grand father had acquired land from The Dadra & Nagar Haveli Land Reform Regulation 1972 read with The Dadra & Nagar Haveli Land Reform Rules 1972, My Grand father got the Tenancy Right under 4 of the The Dadra & Nagar Haveli Land Reform Regulation 1972 r.w.The Dadra & Nagar Haveli Land Reform Rules 1972.

My Grand father have a Occupancy Right u/s. 4 of the this act,

my grand father allotted some fraction land to his brother for the purpose of to do cultivate for maintenance of their family.

In my grand father family there are come under in our family, they have separate house and separate prayer,separate house and separate lunch  etc.

Now their legal heir are demand for enter their names in Land Revenue records under the act, as per their statement that they are cultivate in the land which was allotted by my grand father. Also they are not cultivate in this land since last 10 years.

what they are legally claim for enter their name in the revenue records.

Pls.send me answer in an urgent basis becuase the case is started.also send judgement in the favour of tanant, also my grand father brother had got separate occupancy right.

Thanks,


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