Good evening Sir/Mam 1. Ancestral Property Case filed by my mother to his brothers on 14 Jun 2017. Hearing of the case going on in session Court. 2. Now, said part of land acquired by Government of Andhra Pradesh for National Highway expension. My mother request filed to Tehsildar and Joint Collector to give compensation amount to three equal shares. Both brothers of my mother requesting District Collector to release compensation amount to both brothers. Is it possible? 3. Any objection will be forwarded to District Collector through honourable session court to stop the compensation amount till court case is finalise. 4 . Please kindly guide me on the subject issue please. Regards
since the hearing of case is pending in court collector would not release compensation to brothers
2) enclose copy of suit proceedings pending in district court
3) section 77 provides
77. Dispute as to apportionment.
When the amount of compensation has been settled, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such disputes to the Authority.
Section 30 of the Act provides for apportionment of the compensation. It states that when the amount of compensation has been settled under Section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute to the decision of the Court. Section 31(1)states that on making an award under Section 11, the Collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award and shall pay it to them unless prevented by some one or more of the contingencies mentioned in the next sub-section.Section 31(2) of the Act, which is relevant for the purpose states that if the parties do not consent to receive the compensation, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the Deputy Commissioner shall deposit the amount of compensation in the Court to which a reference under Section 18 would be submitted
1. Since the property land is in dispute the collector shall not release the compensation.to brothers alone.
2. File an application before court to seek Interim relief for compensation and further file objection before District collector.
Hi
File an application in court for temporary injunction.
Compensation will be given to all the siblings equally.
Thank You
hello
your mother is one of the heirs of the property that is being acquired and hence she has a right to compensation. obtain a decree from the civil court and on the basis of that sh ewill get a share. in case the case has not been decided yet, file an objection with the collector and the amount shall only be given after the case is decided. a petition should be filed in the HC to expedite the case in the civil court.
regards
Dear Client,
Compensation will distribute by 1/3rd each. Till court will not decide the share, collector will not release it or get stay from court. Apply for legal heir certificate and copy of it submit to collector office to prove your mother share.
As there is an ongoing dispute regarding the property, the authority will not release amount to any party without final court order or judgment deciding shares of the parties
The authority will have to deposit compensation in court which will then transfer to person entitled to it as per law
Take out a notice of motion and make the authority a party respondent with a prayer to deposit compensation amount with court
