• Partition of agricultural land and non-agricultural land as per will of grandfather

I want to know that can Agricultural Land Partition be done along with Non Agricultural Land on the basis of Will of my Grandfather and I bequeathing Inheritance rights?

Does Civil Court has jurisdiction and power to give injunction and partition both on Agricultural and and Non Agricultural Land?

I have 20 properties out of which 15 are Agricultural Land and rest are commercial lands. 

Pleas advise as I have read judgements where its said that civil courts doNt have jurisdiction for agricultural lands and revenue courts have.I am confused where to go forward.
Asked 2 years ago in Property Law
Religion: Hindu

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16 Answers

Section 4(2) of Hindu Succession Act provides the over-riding clauses of this Act.

For the removal of doubts it is hereby declared that nothing contained in this Act shall be deemed to affect the provisions of any law for the time being in force providing for the prevention of fragmentation of agricultural holdings or for the fixation of ceilings or for the devolution of tenancy rights in respect of such holdings.

2)ivil Court cannot partition land assessed to land revenue. Land assessed to land revenue can be partitioned only by the revenue officer. Civil Court can partition agricultural land, which has been converted into residential plots and houses have been constructed thereon.

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Partition' is a re-distribution or adjustment of pre-existing rights, among co-owners/coparceners, resulting in a division of lands or other properties jointly held by them, into different lots or portions and delivery thereof to the respective allottees. The effect of such division is that the joint ownership is terminated and the respective shares vest in them in severalty. A partition of a property can be only among those having a share or interest in it. A person who does not have a share in such property cannot obviously be a party to a partition. `Separation of share' is a species of 'partition'. When all co-owners get separated, it is a partition. Separation of share/s refers to a division where only one or only a few among several co-owners/coparceners get separated, and others continue to be joint or continue to hold the remaining property jointly without division by metes and bounds.

Civil Court has jurisdiction and power to give injunction and partition both on Agricultural and and Non Agricultural Land. But it depends up on genuineness your requirement.

So you can file application partition for Agricultural Land and Non Agricultural Land together on the basis of Will. It is your duty to prove the will .

In regard to estates assessed to payment of revenue to the government (agricultural land), the court is required to pass only one decree declaring the rights of several parties interested in the suit property with a direction to the Collector (or his subordinate) to effect actual partition or separation in accordance with the declaration made by the court in regard to the shares of various parties and deliver the respective portions to them, in accordance with section 54 of Code. Such entrustment to the Collector under law was for two reasons. First is that Revenue Authorities are more conversant with matters relating to agricultural lands. Second is to safeguard the interests of government in regard to revenue. (The second reason, which was very important in the 19th century and early 20th century when the Code was made, has now virtually lost its relevance, as revenue from agricultural lands is negligible). Where the Collector acts in terms of the decree, the matter does not come back to the court at all. The court will not interfere with the partitions by the Collector, except to the extent of any complaint of a third party affected thereby.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

1. Partition done either mutually or as per terms of the Will does not make any distinction of the nature of proeprty.So the parties while making partition must have to include all the assets of the joint proeprty.

2.If any suit for partition is filed in the civil court the injunction can be imposed all the joint proeprty irrespective of it being agricultural or non agricultural.

4.You must have read a wrong decisison for coming to this conclusion There is no bar on the jurisdiction of the civil court for passing injunction order on all kinds of proeprty.

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

There is no bar on civil courts to adjudicate disputes for agricultural lands. You may have misinterpreted judgment. Civil courts have jurisdiction to adjudicate on agricultural and non agricultural land.

If you file for partItion injunction can be granted on entire suit schedule property whether it's agricultural or non agricultural and court has right to partition. On basis of will you can partition all property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The civil courts have jurisdiction over all lands for injunction and suit provided it is in its territorial limits.

The power of agriculture land and records are held by the Revenue office and the special powers for same are vested with him as revenue court for partition of agriculture land it should be filed with the revenue court.

Though you can apply for partition in civil court and the court shall pass decree on it but the nature of decree for non agriculture land will be final in case of agricultural land it shall be preliminary and will sent to collector to effect the partition.

. In Ramagouda Rudregowda Patil & Ors. v. Smt. Lagmavva & Ors., AIR 1985 Kant. 82, it is made clear that after the decree is passed for effecting the partition of the estate subject to assessment of land revenue and the decree is sent to the Collector for effecting the partition and handing over the possession to the concerned parties, the jurisdiction of the Collector remains confined only to the partition of the lands i.e., actual division by metes and bounds and handing over the possession of a share. Whether the concerned land is partible or impartible can be determined by the Court and not the Collector. It is also made clear that the decree so far it relates to the agricultural land would remain to be a preliminary decree and not a final decree.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

So I would advise you to directly apply before revenue court for partition of agricultural property as they have power.to deal with same

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

I want to know that can Agricultural Land Partition be done along with Non Agricultural Land on the basis of Will of my Grandfather and I bequeathing Inheritance rights?

Yes this can be done.

Does Civil Court has jurisdiction and power to give injunction and partition both on Agricultural and and Non Agricultural Land?

section 55 of the delhi land reforms act puts a bar and uses a word MAY, the Division bench of Delhi High Court has interpreted the section. The bar is not specific but the jurisdiction is to be decided as per the nature of the land.

Consult a lawyer with all the relevant documents

Regards

Anilesh Tewari
Advocate, New Delhi
17847 Answers
312 Consultations

5.0 on 5.0

Hi..,

1. Yes the Property can be partitioned based on the will of your grandfather, if the properties in question is the self acquired property of the Grand-father. However, if the properties are inherited by your grandfather, then it will be bequeathed in the ratios provided under Hindu Succession Act.

2. Yes Civil Court has jurisdiction over both agricultural as well as non-agricultural land.

Thanks & Regards,

Ramakant Singh

Ramakant Singh
Advocate, Delhi
27 Answers
4 Consultations

4.0 on 5.0

Partition do not know whether it is agricultural or non agricultural land.

It is generally known as partition of properties in common man's language.

Court only is empowered for that.

For amicable partition you do not have to go anywhere, but if yo want to fight a litigation then it is civil court and not revenue court.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Yes it is true the civil court cannot decide the dispute or partition of agricultural land in that case you need to approach the appropriate revenue court.

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

No it won't stop you challange the said documents too along with partition suit as the said document is false and can for signature be verified by the expert also no registered and notariesed so it's false and fraud.

Also you can file a criminal complaint on them for criminal breach of trust, fraud and forgery.

The court on challanging the document can examine and can cancel it under it's power and can deny same to be valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

1) if you have not signed any MOU file police complaint of forgery , fabrication of documents against the fraudsters

2) you are at liberty to file suit for partition

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

If you have not signed MOU better file police complaint for forgery and fraud. Unnotarised MOU have no validity unless it is registered. You can go ahead and file a suit for partition. If they submit forged document to court get a commissioner appointed to verify signature and then file another complaint for fabricating false evidence before court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

The unregistered document cannot be held valid and not enforceable in court of law.

The act of forgery and impersonation are crimes under criminal law, you can lodge criminal complaint and initiate legal action under civil law also.

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

Challenge the MOU in a civil court. File a partition suit .Civil Court has jurisdiction and power to give injunction and partition both on Agricultural and and Non Agricultural Land. But it depends up on genuineness your requirement.

Ajay N S
Advocate, Ernakulam
3624 Answers
71 Consultations

5.0 on 5.0

No it can't stop you from anything you can exercise your Legal right and remedy

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

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