• Which side I will get in partition

Partition case is in progress between me and my brother in Tehshildar court(Section 178 MPLRC 1959) we both have right of 50percent each in this property. I couldn't join partition case, court proceeded and declared me exparty and tehshildar ordered to Patwari to prepared fard for 1/2 share.

I visited the property a part of this property is in illegal possession by third unknown parties(slum), certainly it will be a trouble to removed this illegal possession(slum) on part of property.

My concern is how I can make 100percent sure that in this partition i donot get portion in partition which consist of illegal possession (slum) or atleast 
donot get compete illegal possession part in partition.
Asked 4 years ago in Property Law
Religion: Hindu

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9 Answers

You can file application to set aside exparte order passed by court

2) mention reasons why you did not file your reply on time seek condonation of delay in filing reply

3)commissioner is appointed for division of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) Make appeal in the upper court against Tehsildar order.

2) Challenge the Tehsildar order and put your all points that you don't wait the slum area and that should be divided same equally between two brothers or vacate the slum area.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0


The Patwari will make the assessment.

If you are not satisfied with the assessment of the patwari then you may approach the court again.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Try to File Appeal against the said order, by giving some tenable justifications for not representing the matter in the exparte order.

2. Also give proper notice /caveat to the Surveyor, for being present during the partition survey. You can also appeal later against the survey report.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly.

Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

For the removal of the slum in from your property you have to approach to the police to get your land free from encroachment as the partition is decided by the tahsildar it is between both of you to divide the property and make consensus that who is going to get where and what.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

if you get the portion which is in illegal possession of slum dwellers then you can require your brother to pay you some compensation so that you in turn can pay the slum dwellers to vacate the land

or else both can make an application to court to appoint a commissioner and do survey of land and submit report to court on the extent of illegal possession by slum people

then that much portion can be demarcated and the balance vacant portion can be equally divided between you two

the illegally occupied portion can also be equally divided between you two

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

File applcaiton to set aside ex parte decree or appeal to order partition on the basis of metes and bound.

File complain to remove encroachment or vacate land through court order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Even though you have been set exparte in the case, you will be notified about the division of proeprty which can be

done only after considering the metes and bounds and good and bad soil. You may object to the partition if there is any adverse impact on this which would be harmful to you.

Even now you can file a petition to set aside the exparte decision against you and can participate in the partition suit

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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