• Property dispute on Surveying, PATTA registration, using FREE electricity.

Hello All,

I have question regarding a property dispute, where in the property is from our Grandfather on which the Borewell, agricultural free electricity, Well is inside my uncle’s share of property and currently they are not allowing to use the free electricity and well water for agricultural purposes. 
And our farm land cannot be used for cultivation anymore without water. We already have filed a case in court. And as its going to take more time on it. We could not use the farm land for agricultural purposes anymore, but my two uncle’s using the same. 

Question1:- Is there a way to take permission from court to STOP my uncle’s using the FREE electricity and WELL ? Most of the advocate’s with whom we discussed they came up with an answer NO. So I would like to confirm the same with seniors as well. 

And my second question is, we had also file a case to Survey the land what’s currently in possession by us. As we have a dispute in measurement of what’s given on paper’s. As its been more than two years and Survey is not completed yet. 
When we filed for surveying before one and half years, Surveyor came and it was stopped half the way for some reason. Then the advocate commissioner who was appointed by court was absconding for her personal reason. Then we requested for next commissioner and still its dragging to appoint the second advocate commissioner by court. And this is what we are hearing from our advocate. 

Question2:- Is there any way to verify the current status on why there is a delay appointing advocate commissioner by court and what action we should take to make this process faster, if possible ? 

Question3:- And we could not get a PATTA for our property which is already registered on the will for me and my younger brother, which is a registered will. How to get Patta for our property ?

As I am from Tamil nadu, I shall be reached by any advocate for discussion on my below given number – [deleted].
Asked 5 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

1) you cannot restrain uncle from using bore well and electricity situated in their share of property

 

2) on next hearing draw attention of court to fact that advocate commissioner has not yet been appointed for carrying out survey of land although application was made 2 years back 

 

 

3) check roznama of your case . it would reflect as to what has transpired on various dates 

 

4) due to pending court dispute patta must not have been transferred in your name 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dear Client,

You cannot ask them to hold them from use but get permission from court to allow use of water and electrify. This was to be your interim relief prayed till case finally decided.

Tell your advocate to press court, this depends on competence of advocate to push for early disposal.

No separate patta but co owner, get your name mutated in revenue records and get the certify copy of same.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

roznama is record of what has transpired in court 

 

2) you are not entitled to free electricity . you have to pay for electricity consumed by residents , you would be provided metered connection 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You need to take injunction in the same to stop the usage to anyone if you are not allowed. You can argue in court that well and electricity being of common usage can't be of exclusive possession. As before the partition well and electricity was common and used by all. Only if the partition deed between you states that the well and electricity is exclusive property of uncle and given to them.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

See in my view you can pray for interim relief from the court praying for use of water pending the litigation as you also have share of land and well was made by grandfather balance of convenience is in your favour court may grant you interim right to use same.

 

2. See you can press the application for appointment of advocate commissioner before court and can pray for appointment,

 

3. Patta shall be issued by the municipal authority.

 

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Roznama is the document maintained by court wherein day to day record of hearing of any matter is written. You can take copy of same from the court and file a petition for speedy disposal in High court if same is delayed and reason for delay.

Certified copy of roznama can be taken from court by filing an application for certified copies.

 

You can try this by filing application but this might not be fruitful if uncle is found to be using connection and he may file a transfer application for transferring light connection in his name.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Roznama is the document maintained by court wherein day to day record of hearing of any matter is written. You can take copy of same from the court and file a petition for speedy disposal in High court if same is delayed and reason for delay.

Certified copy of roznama can be taken from court by filing an application for certified copies.

 

You can try this by filing application but this might not be fruitful if uncle is found to be using connection and he may file a transfer application for transferring light connection in his name.


Roznama is the document maintained by court wherein day to day record of hearing of any matter is written. You can take copy of same from the court and file a petition for speedy disposal in High court if same is delayed and reason for delay.

Certified copy of roznama can be taken from court by filing an application for certified copies.

 

You can try this by filing application but this might not be fruitful if uncle is found to be using connection and he may file a transfer application for transferring light connection in his name.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.  You cannot stop the opponents from using their Well just because they denied you to use them until and unless there is  an order of injunciton by the court where the dispute is going on.

 

 

2. You have to follow it up through your advocate, if you suspect your advocate's integrity, youn may change the lawyer any moment, dont spoil your future for the advocate's inefficiency.

 

3.  The Will whether registred or not, it shall come into force only after the lifetime of the testator.

If the testator is living then the Will cannot be enforced hence you are not entitled to get the patta on your name.

If the Will becomes effective then on the basis of Will you can apply for name transfer of the existing patta to your name and comply with the formalities that have been instructed by the revenue department for this purpose.

 

If you want a personal consultation from any advocate you can contact them by using the options available against their names.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

What you heard is the procedure to be followed by the user to stop getting free electiricty connection.

Whereas you are not the user, moreover the case is pending before court hence dont try to do any such gimmick which may backfire.

Roznama means the entries of the hearings as recorded in the docket sheet of the court bundle of the case.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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