• Stay order on agriculture land which was partitioned

Dear Sir / Madam

There is a agriculture land in Telangana with 2 survey numbers.
The land under the above survey numbers was partitioned to 4 persons (not Family) and got their Patta, but no one knows whether they are farming the land as per patta or not, we have consulted revenue department and they have marked the borders of above survey numbers. Now it is the time to measure the land within that survey numbers and distributed equally to 4 persons. 
But they are not agreeing each other as some persons are farming more land then the patta land.

Can any one of the pattadar apply for the stay order in court against the whole survey numbers owned by 4 persons, until everyone agrees to measure the land again correctly as per patta? so that everyone gets equal land.
Asked 9 days ago in Property Law
Religion: Hindu

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24 Answers

If the original partition among the four were by an unregistered partition deed, then it is not valid in law.

Therefore the aggrieved person can very well file a partition suit even at this stage demanding equal partition.

In the same partition suit, he can also file an injunction application restraining others from carrying out the agricultural activities till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Yes, they can.

Swarupananda Neogi
Advocate, Kolkata
1696 Answers
4 Consultations

4.7 on 5.0

Court would not grant stay .

 

if they object to survey being done file suit seek orders to direct survey be done by the surveyor office for demarcation of boundaries of land 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

Court should not grant any stay for Surve being done for demarcation of boundaries 

Ajay Sethi
Advocate, Mumbai
75798 Answers
4532 Consultations

5.0 on 5.0

Yes, the aggrieved can seek direction from court if his / her rights are infringed.

They may also seek interim direction against the other persons restraining from alienating / changing nature of land.

 

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

Reply to your second post:

It is in best the interest of all the parties to have the property surveyed and get the boundaries demarcated by the Department.

It will give clarity to each one of the owner with regard to identification of their respective property with boundaries. 

S Srinivasa Prasad
Advocate, Hyderabad
2291 Answers
7 Consultations

5.0 on 5.0

If you want justice you can take it up legally through court by filing a partition suit. 

In that suit you can ask for other reliefs as suggested. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

1. To seek injunction you have to show the existence of a legal right and likely violation of that right. No violation of right can be gathered from your query.

2. You say that there is no partition deed. Hence, the land continues to be undivided. The remedy is to file a suit for partition and not injunction.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

The appropriate application must be filed at the tehsil and they will send people for measurement of the land and its distribution to the shareholders as per the revenue records.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

Ok. You should act accordingly. They cannot resist the measurement of land and its distribution.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

You can apply for measurement of your land and whole survey no 2 and check other sharing as well ow much belongs to whom and apply in the court for encroachment done by them.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

1. See if their is encroachment an application before revenue court can be filed for measurement of the property after the revenue office passes order of measurement the land can be measured and accordingly possessed.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

1. You may go for measurement of same as per patta.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

1. Apply for Govt. Survey (not private survey) of the property and request for proper layout plan and report of the same, which must include the self-declared self-possession area by each of the land holders (duly marked in his survey plan.

2. Based on above conduct "registered" Partition Deed or Partition Suit in the local Civil Court.

3. IF above is not done, THEN non of the land possession holder derive any right to seek any type of court orders.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

1. in my view no pattadar can object

2. even if any pattadar objects, then it will be a baseless objection

3. by measuring the land, nobody is asking the pattadars to stop farming 

4. they can continue their farming activities and the department people will only do the survey for measuring the land 

5. if there is any discrepancy found then the aggrieved party can apply to the authority for re-marking of the boundaries with proper notice to the affected parties

6. merely measuring the land for ascertaining the areas as per the original patta cannot be said to create any obstacle in any of the activities carried on by the holders in their respective portions of lands

7. even if there is any discrepancy found after the survey, then upon application of the pattadar for remarking of boundary, the affected pattadar will be given due notice and he will have full opportunity to reply to such application

Yusuf Rampurawala
Advocate, Mumbai
5197 Answers
32 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to approach the circle officer and get the land measurement done. It will not require any court case. If you face opposition from others, you may file the court case for injunctions against them. 

Ganesh Singh
Advocate, NEW DELHI
4938 Answers
9 Consultations

4.5 on 5.0

Yes stay order can be obtained 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Yes if he is an interested or affected party he can apply for stay order

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

- As per law , a  Patta is a legal document issued by the government in the name of the actual owner of a particular plot of land.

- Further, it can also be issued for lands having buildings or individual houses etc. constructed on them.

- Since, the said agriculture land was already distributed by the grandfather , and further four person after getting their dully got document of Patta , hence they have equal right over the said land legally. 

- Further , all are bound by the said partition /distribution done by your grand father 50 years before, and none having right to encroach others land . 

- Further, on the ground of farming on extra land , one cannot get ownership , and cannot claim extra land out of the distribution by the grandfather . 

-  Hence, non can get stay order from the court. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

You can ask the tenshildar to demarcate the same. 

The tehsildar can appoint a land surveyor and he can measure your portion of the land. 

If he does not listen then file a complaint to the collector, then last option is to approach the civil court. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

Courts generally grant a stay order in a case when it is necessary to secure the rights of a party. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. What is the problem with the survey no.?

 

2. Understand that the jointly held land has been partitioned by registering the partition deed dividing and demarcating the said land by metes and bounds.

 

3. Apply to BLRO to demarcate the said land physically for which he will send the Surveyor.

 

4. If he fails to act, you can file a Writ Petition before the High Court against the BLRO praying for a direction upon him to demarcate the said land within next 15 days through his Surveyor.

Krishna Kishore Ganguly
Advocate, Kolkata
24261 Answers
669 Consultations

5.0 on 5.0

1. Patta is generally given by the Government allotting govt land to the occupiers.

 

2. However, if all the four persons have got separate Patta mentioning the schedule of the land then also you can write to the BLRO to survey the land and demarcate individuals portion of the land and in case of his failing to do so, you shall have to file the Writ Petition as suggested in my earlier post.  

Krishna Kishore Ganguly
Advocate, Kolkata
24261 Answers
669 Consultations

5.0 on 5.0

1. Yes any of the pattadar can file application for Partition and demarcation of land as per metes and bounds.

2. Petitioner can also make an application for stay on property till partition and demarcation of land.

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

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