• Agricultural land partition

We have 7 names of brothers and sisters on 2 lands. One brother don't agree for partition. We won case in civil court. Even after judgement he is creating problems for us. Can we use this judgement for my other land ? How and what we have to do for it? One land is Ahmedabad Dist. 2 land in Surendrangar District. Please guide me. Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

The judgement can be only used for particular land only. If he created issues you can take help from police

Prashant Nayak
Advocate, Mumbai
31965 Answers
180 Consultations

4.1 on 5.0

1. The decree passed by the civil court would apply to only those properties in respect of which you sought the relief from the court.

2. A comprehensive suit can be filed in the court within the local limits of whose jurisdiction one property is situated when there are multiple properties.

3. Execution petition can be filed if your brother is not allowing the decree to be executed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

On basis of preliminary decree of partition take out application fir appointment of commissioner for division of property by metes and bounds 

 

court can pass final decree 

 

 

it would be applicable only in respect of property which was subject matter of litigation 

Ajay Sethi
Advocate, Mumbai
94797 Answers
7551 Consultations

5.0 on 5.0

See for other land you need to file separate partition case.  As the property in dispute is separate and the jurisdiction for same shall be with different court also the property was not included in suit so the judgement cannot be implemented on other properties.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Court judgment would be effective only for partition of those land/s that are recorded in the Partition Application and not for other lands etc....  However you can use this court judgment in other partition proceedings, as a precedent judgment, to get another favorable order at the earliest dates.

2. File execution proceedings and seek directions to Tahsil office to conduct TLR, survey & demarcation proceedings and submit report in court. This will force the opposing brother to comply with the Tahsil reports.

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The judgment given in this case shall be binding only on the schedule of properties mentioned in that suit alone and the properties not included in it cannot be combined with that  for desired reliefs. 

You should have included them before the judgment in that case. 

Now you may have to file a separate case for seeking relief in respect of the other properties which were not included in the earlier suit. 

T Kalaiselvan
Advocate, Vellore
84997 Answers
2205 Consultations

5.0 on 5.0

NO, only that land will partition which was subject matter of partition suit. Separate suit will for other properties  - this order can be use as precedence.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

You should file an application before the court for execution of the decree. Order xxi of the code of civil procedure provides operating procedure for execution of the decree and the judgement debtor has no right to dishonour the order of the court. The court will execute the decree by making a partition of the land. When the suit property is situated in two different districts, the court after executing the decree in own jurisdiction can send its order to the concerned Court of another district for its execution.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

file an execution decree either in the court which has passed the decree or where the property is situated. It would be beneficial that you file an execution decree in any of the above mentioned courts.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If judgement is related to complete property then yes it will be implemented to other property as well. 

2. If your brother doesn't agree for partition even after judgement from court then you should file execution petition for executing the orders of partition. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. You should have included all the peaces of land/property for partition.

 

2. the judgement for partition of one peace of land can not be used for partitioning another peace of land without fresh court order.

 

3. Now, file a partition suit claiming partition for all the land/properties of your father and let the same be partitioned by the Court commissioner with metes and bounds to avoid any future problem.

Krishna Kishore Ganguly
Advocate, Kolkata
27220 Answers
726 Consultations

5.0 on 5.0

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