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ravi (employeed)     13 September 2011

How to get nishan dehi of an old property

Hi all

My grand father bought a land in 1965. but he don't know the exact location of the land but he do have map with  registry. The reason he don't know the exact location is, he bought this land with many other people 'sad to say' they were our relatives to whom my grandfather gave that land for agricultural  use and they forcebly posses that land. Now my grand father want to give that land to me. Can he register that land to me without having 'Nishan dehi'  Or how I can easily get the 'Nishan dehi' from concerned 'Patwar khana' . As my relative have good links in 'patwar khana'  so it is becoming hard for me to get 'nishan dehi'. The patwari their always avoid me. moreover the 'Fard' he gave me has written on it 'Khasra or Murba' numbers of some other peoples land who has taken stay from the court of their land.  Moreover I have not signed any of their document to confirm that I have got the 'Fard' .  I am mentionting this here because I have a doubt that he gave me 'Fard'  'Khasra or Murba'  numbers of some other people written on it to discourage me that I should drop the thought of registerting that land. Please guide how I should proceed and have justice.
 



Learning

 4 Replies

Learner (XYZ)     28 December 2011

Ravi,

Check Khasra Khatoni numbers in ur registery and ask Patwari to give same numbers. The other people's names may appear in same numbers for many reasons, it would be a mushtarka khata i.e. joint property. Your grand father can sell you his share and you may get it partitioned afterwards. As you mention that you do not have possession over this land so legally you can file suit for possession but legal proceedings are a leangthy way.

Moreover, do not shy away revenue authorities. They recognize no other link but Mahatma Gandhi. 

1 Like

ravi (employeed)     16 January 2012

Originally posted by :Learner
"
Ravi,

Check Khasra Khatoni numbers in ur registery and ask Patwari to give same numbers. The other people's names may appear in same numbers for many reasons, it would be a mushtarka khata i.e. joint property. Your grand father can sell you his share and you may get it partitioned afterwards. As you mention that you do not have possession over this land so legally you can file suit for possession but legal proceedings are a leangthy way.

Moreover, do not shy away revenue authorities. They recognize no other link but Mahatma Gandhi. 
"

Thanks for replying,Sir.

Can you please tell me what do he need to do to get his share partitioned. I mean whom to contact or where to give application etc to get his share partitioned. I have applied for nishandehi and it is currently in process.

Thank you very much.

Learner (XYZ)     17 January 2012

Before carving out your strategy, the first step is to know what is your title?  Whether you purchased specific numbers or share in a joint property? Whether you purchased it alone or in share with other people?

If you have purchased specific numbers singly than the legal option is suit for possession through Civil Court.

Apparently, your grandfather is co-sharer with your other relatives. If a co-sharer is out of possession then the only remedy available is through partition. If the land is agricultural than the case would proceed before Tehsildar/naib Tehsildar in capacity of revenue court.  But if it is gair mumkin i.e abadi land then the case would proceed in Civil Court. All you need to do is to hire a good lawyer. These are normal proceedings. You also get the copies of Girdawri from the times of your grandfather purchased the land. Girdawri is the only revenue proof of possession, check in whose names it stands now. You may also get the copy of sajar lattha i.e map of all those numbers that comes in your jamabandi for better understanding of your position. Also take copies of all the jamabandis of these numbers since your grandfather purchased the land. These things include everything that one needs to know of his land.

But you need to carefully proceed the case because you are out of possession from a very long period. Legally, you need not admit that. This may amount to your ouster. You may take the position that your co-sharers have been paying you rent and it is only some time back that they denied paying it and are trying to oust you etc. But all these things can be determined only after going through record. Please refrain from making any written representation to any authority before carving out whole strategy.

 

1 Like

ravi (employeed)     18 January 2012

Thanks again.

Yes, My grandfather is share holder and it is mukhtarka khata. The farad recently, I got from revenue department still have my grandfather name written on it and its jamabandi year is 2004-2005. I have also got the farad where all share holder names are written with their respective shares and it is gair mumkin (abadi) land.


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