• Property partition

My grandfather and his brother had property from which my grandfather's brother sold his property after permission given by my grandfather.
After that Government aquire some amount of land and alot the money of aquire land to us and other party ,(the other party didn't took the money alloted by government). The owner who bought the land from my grandfather's brother sold the land to third person
The person filed the case against us that there is no share of ours and government only aquire our land not his .
This is pending in the civil court from 11 years 
Last year we filed a partition case in SDM office but nothing is happening.
Asked 6 years ago in Civil Law

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27 Answers

Suits take 15 to 20 years to be disposed of 

 

2) similarly partition suits take years to be be disposed of 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should defend yourself in the case filed against you by that party and file your reply by stating that you are not the owner of a land and have nothing to do with the sale deed executed between your grandfather's brother and the buyer. Also, the details as to how your land was acquired by the government should also be given in the said case. After that your name would be deleted from the array of parties as you have nothing to do with that case.

Partition cases takes time to be disposed off but the same can be expedited by an extent if you are counsel is supporting.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You must be having property papers and when deed was executed by grand father`s brother, detail of property/share of brother and your separate portion must be in it. That sale deed is binding on third owner. Why you worries.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Land sold was grand uncle share 

 

2)you can file suit for partition for division of property by metes and bounds 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

As they are the one making the allegations of onus of proof would be on them to prove their allegations beyond reasonable doubt. 

You can withdraw your partition case from SDM court and file it in civil Court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See since suit is going on from years you have filed your reply and objection in same that based on oral partition the property was sold and government acquired property details can be shared and the possession of the property. 

Further partition suit shall take time to settle. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See in case the land is of revenue the SDM court is proper jurisdiction and further based on the proceeds and government acquired land details the suit can be contested. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Client,

You may file a suit for partition  in the civil court. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Yes you can file partition suit in civil court for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

once you have filed the partition suit, you are not entitled to file another partition suit. as per my opinion decision of filing of partition suit was wrong. you have to fight properly the suit filed by the other person and you will get the required relief from that suit. 

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Dear client 

The share of your grandfather is reflected in the mutation of revenue department and the other share is in name of the third person to whom the land was sold. 

If the govt have passed the money for their share also then he should have filed the case against govt against the acquiring for his land and not against you. And if he has make you party and you have taken the money of your land. And the case is pending from last 11 years.

You can file the case of partition in civil court but for partition of Agriculture land comes under the jurisdiction of executive magistrate or tehsildar. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If the property has not been partitioned and govt. has acquire the land , then how we can say whose share has been acquired so now we will have to challenge the acquisition of the land not to file partition case and if we wants to file the partition case then we can file only for remaining land after acqusition.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

SDM, but if you are in possession of land, no need of partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

What do you want to clarify by giving the information about the pendency of cases before various cases?

Partition suits before SDM court may not procure a fruitful result, hence it is always advisable to file a partition suit before regular civil court alone.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can withdraw the case before SDM and file a fresh partition suit before civil court so that you will get proper adjudication.

The third person's case is not known that what he claim if his property was not acquired by the government, for what relief did he file the suit?

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that there has been change in two owners in the portion of your grandfather’s brother, but you remain in your portion only.
  2. Now, if government has acquired some land wholly or partially hen he same clarification should be given by the government only.
  3. I would advice you to not to linger on the litigation and seek permission from the court of law to implead the government as party in ge suit and seek answers.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) you ought to file appeal against SDM order 

 

2) that order has been passed in violation of principle of natural justice 

 

3) no need to file criminal case against SDM

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Share the copy of the order that has been passed by the SDM and thereafter i will be able to advise you if you can file an appeal against the said order or not. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you can file a writ petition before high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No the order can be challange before the Collector and the matter can be contested.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can go to higher court to setaside the order on above ground. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Complain to collector and ACB.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you are aggrieved by the orders of SDMN then you can prefer an appeal against the aggrieved order before the appellate authority.

Alternately you can approach civil court with an injunction sit seeking to stay the operation of the orders of SDM in this regard and can file a fresh partition suit before the civil court.

You may not get proper justice from the SDM court because they are not judicial officers, they are mere executive magistrates, they may tilt sides in favor of the person bribing them the more.

 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If you have preferred an appeal against the aggrieved order,  you may have to file an application seeking injunction against construction and obtain a stay order. 

Even now you can file an application to obtain stay against the construction in the appeal case. 

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Seek injunction restraining defendants from carrying on construction work pending hearing and final disposal of appeal 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

you need to immediately take injunction for stop work for the said property

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can apply for injunction, An order for interim injunction can be obtained immediately at the time of filing the suit/Appeal for whatever reasons that have been strongly pleaded and convincing the court accordingly.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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