Delay in getting partition done on agricultural land
Location of Land : Chickballapur, Karnataka.
My mother has 3 acres of land out of total extent of 5.31 Acres in survey no 62/9A1, The remaining 2.31 Acres belongs other person(X). We bought the land in 1978 and in RTC it was showing both names ( my mother and X) with a 3 and 2.31 acres each in same survey number. When a Tatkal podi was done from licensed surveyor and government surveyor, we found we were short 25 Guntas, where as the person X has 25 Guntas more in his possession. A dispute has been raised by Survey Dept to settle this issue. The file is with ADLR now and he is not taken any action from past 2 months. May I know if I have rights to claim 25 Guntas from person X, can I approach court questioning ADLR delay in giving his recommendation.
Asked 10 months ago in Property Law from Chikkaballapura, Karnataka
Request suggestion to further proceed in this case
Asked 10 months ago
1.The ADLR is not the right authrity to adjusidcate thisdispute if X refuses to part with his excess land.
2.You will need to file a civil suit for declaration wherein you will have to seek declaration of area of land to which you are entitled to and for recovery of possession of 25 Guntas from X.
3.in the said civil suit only you will get necessary reliefs.
Hi, file a civil suit for declaration in the court
File RTI application with ADLR as to what action has been taken on dispute
2) you have right to claim 25 gunthas from X
3) litigation is long drawn and expensive proposition
4) going to court would further delay resolution of dispute
File RTI application as advised
Yes you have the right to claim 25 guunthas from X and in my opinion ADLR in not the appropriate authority to adjudge this dispute.
You are advised to file a civil suit for declaration to the extent that you are entitle for recovery and possession of 25 guunthas from X.
Advocate, New Delhi
You ascertain the actual extent of your property from the registered sale deed in your favour.
Compare the same with the surveyor report.
If there is a discrepancy you can initiate proper legal action to recover your property from him by filing a suit for possession and declaration.
The ADLR may not address your grievances, the remedy will be available only with court.