Case against me for batwara of household property
The case under Gram Kachahari - Bihar jurisdiction.
One of my cousin brother (son of my father's brother) has been filed a case against me for again BATWARA of HOUSEHOLD Land in Gram Kachari (Court) of Village.
They did it when i was in process to construction of new house.
They are saying that need to again Batwara of property and then only we can construct house.
Gram Kachari (Court) sent notice for same and also order for stop the construction work.
My Father and his father was did BATWARA in 1954 and also signed one page document along with witness.
The above BATWARA is since so many years, is it right he can file a case for BATWARA again. we are loosing my money and time both. Gram Kachahari (Court) always extending date for final decision.
Asked in Property Law from Madhubani, Bihar
you can in your reply mention that batwara has already taken place in 1954 . you are only carrying out construction on share standing in name of your father . wait for legal proceedings to be completed in court
You have to stop the construction work as court has passed a stay order against you. If partition had already taken place in 1954 then you may draw the attention of court to this fact in your reply.
Once the property has already been partitioned then question of re-partition does not arise between the same parties.You prove this fact in the court.
Advocate, New Delhi