The whole land was in the name of my Father's grandfather ,the land was divided to his two son ,one was my Grandfather who had 5 children,but the land was not registered in his name .After my Father's death the land was divided and the adharam was submitted to the village office ,then later we came to know that the survey number was changed ,this was a problem for the four among the five and the rest one has everything cleared and resitered to his name.Now the one who had got the registered land was not willing to join for 're correcting the adharam instead he is demanding for some more land from our properties.Please help me Sir.
Asked in Civil Law from Thiruvalla, Kerala
1) you will have to move court for rectifying the survey number if your relative is refusing to agree for execution rectification deed
2)dont bow down to black mail tactics
1) As your property is ancestral your right in the property is undisputed. There's only a technical difficulty with the land getting registered in your respective names as the survey number has changed.
2) Your non co operative uncle's claim/demand for additional land to become party to your recorrecting the adiyadharam(the original source property document) is unreasonable and should not be adhered to. Send him a legal notice seeking his co operation. If he fails to comply file a suit for demarcation of property by a repartition making the unwilling party the respondent.
3) Move an interim petition to maintain syatusquo do that you can use and occupy the land during pendency of the suit.
1. You need not ask the said person to join you for correction of the urvey Number since his Survey Number is found to be correct,
2. The remaining persons the Survey Numbers of whose partitioned properties have been changed should proceed legally to register the partition/settlement deed with the changed Survey Number.
There are two ways to solve this issue legally, one is by filing a partition suit and seeking separate possession with proper division as per good and bad soil, because there seems to have a partition already taken place whereas it as unjustified division hence the present suit;
Next solution is to file a declaratory suit to declare the survey number as per possession of the share of property by the individuals respectively as per their allotment.
Why the solution lies in the court case means that there is no chance for an amicable solution among the co-sharers.
1. The problem can be solved by execution of a fresh family settlement among all the heirs, but this is not possible unless there is a consensus among them.
2. Since there is no consensus you should file a lawsuit to seek a declaration of your share from the court. After the decree is passed in your favour you can apply for mutation of your share.