• Agriculture land two issues

I purchased a 2 acres agriculture land last year, registry has been made. It was an un-partitioned  10 acres  land of 5 brothers. A house is built on around 1/2 acre by some other family around 15 years ago. While purchasing this land it was told to us that the land on which this house has been made is sold by his brother and not by him. Now  we came to know that this land is sold by the same person who has sold to us and It was sold on notary, so no entry of the same in any government records.  This land is not used for agriculture from last 20 years, so there is no proper division.For that when i asked the other owners of the land for partition, they denied that don't want to do partition. What will be the best approach for this. I should file a case against the person from whom i bought this land or file a partition suit. And normally how much time this types of cases will take.
Asked 1 year ago in Property Law from Jhunjhunu, Rajasthan
Religion: Hindu
1. Property sold without registering the sale deed duly paying the stamp duty is invalid,

2. However, you being owner of undivided 2 acres of 10 acres of land should now fil a partition suit praying for appointment of court commissioner to partition yiur land duly dividing and  demarcating it with metes and bound.
Krishna Kishore Ganguly
Advocate, Kolkata
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227 Consultations
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The document is perfectly valid and duly executed accordance with Indian Registration act (means you have clear marketable title over the property),then you can file a partition suit for getting your share from undivided shares of the property.The other owners of land made become defendants in the suit.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
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1) you have to file suit for partition for division of the land by metes and bounds 

2) suit will take around 10 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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On the basis of the registered sale deed you are entitled to 2 acres of land and on confirmation of title, you may first issue a legal notice to other share holders for an  amicable partition by fixing up time and date for the same.  If they are not obliging to the notice for partition, you may have to file a partition suit only seeking partition and separate possession of your 2 acres land divided by metes and bounds and good and  bad soil. 
No doubt partition suit will take years to get disposed, but you have no other option because you have already purchased it properly and  the legally hence the vendor has no liability anymore nor he has cheated you. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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The only recourse available to you is to file for partition in the court to cull out the portion of the property which has been sold to you. The lawsuit will have to be filed against all the co-owners.
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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1) you need not remain present on all dates . your lawyer will appear on your behalf 

2) at the stage of evidence your wife presence will be necessary 

3) you should issue legal notice before filing of partition suit . your lawyer will draft the same 
Ajay Sethi
Advocate, Mumbai
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1212 Consultations
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A. If i file for partition in the court.
(i) Do we need to go for hearings 
Yes, but it is not necessary that you have to be present before the court on each and every date of hearing, yor advocate will take care during your absence.

(ii) And  if it is compulsory to present for hearings, can i go , instead of my wife for hearings.
No, it is not compulsory.  Even you can attend the hearings representing your spouse.

(iii) Will a lawyer will be required for all hearings.
If you have engaged a lawyer he will take care of the hearings, but in touch with him regularly so that he should not have a casual approach and lose the case.




B.  Is legal notice to other share holders for an  amicable partition is required before filing partition in the court  and what will be the process for the same ?
It will be better if yo issue a legal notice so that it can be understood that you had given them chance for an amicable partition before approaching court seeking the desired relief.  Consult a local lawyer and proceed as per his further advises.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
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1. Your wife alone can file the case as she is the owner unless she executes a POA in your favour.

2. How can you file the case and take it to a logical conclusion in the court without a lawyer? Neither you nor your wife is required to attend the court on all hearings as the presence of your lawyer will suffice.

3. No legal notice is required to be issued, albeit you are free to issue one.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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In a civil suit it is the duty of the plaintiff to give evidence according to the plaint averments.So you have to go to the court at the time giving evidence. All other posting dates your advocate will appear on behalf of you before the court. 

For settlement file a petition under section 89 of the CPC .Court will refer the matter for mediation of adalath for compromise talk.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0

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