Hi we have ancestral agricultural land in gujarat and had filed partition suit. After 6.5 years, we have received the preliminary decree for partition and court has asked collector to do partition and submit report to court. The court has given another date in december mentioning as final decree stage. Have the following questions: 1. When can we apply to collector to do actual division of land ? Can we apply post final decree or even between today till final decree. 2. Does one of the brothers who had objection to partition, be allowed to avoid or delay division of land by not agreeing to various plans proposed by collector for partition of this land?? 3. Will this division by collector automatically provide separate 7/12 to each brother? 4. What is usual timeline by which collector has to divide this land? Is it indefinite or 5-7 years as there are senior citizens and widow lady wanting their share and liquidating the same asap. Pls advise on above queries
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You have to approach collector to divide land by metes and bounds and submit report to court
2) brother cannot delay division of land
3) on basis of report submitted by collector court would pass final decree
4) you have to then apply for mutation of land n basis of final decree of partition passed by court
5) local lawyer can guide you as to timeline
1. You should apply before the Collector before the next date of hearing of the case and before passing the final decree
2. He cannot refuse to comply the preliminary decree dully passed by the court.
3. No, after getting final decree , you can apply for getting 7/12
4. You should submit the certified copy of the passed preliminary decree with order before the collector , so that he may file the report before the court before the next date of hearing.
1. The partition should be reported before the court is passing the final decree.
2. If there was any objections by one of the shareholders, then it would have reflected in the preliminary decree stage itself.
If he still objects to the partition then the court may pass a decree to sell the property distribute the sale consideration amount to the shareholders.
3. No, the shareholder has to apply for separate 7/12 subsequently.
4. The report for partition will not take much time, however you may regularly follow it up with the concerned authorities.
1. The collector will only ask the revenue officials to mark the divisions on the property by proper metes and bounds, in compliance with the preliminary decree of the court . Then, the collector will submit the report to the court with the sketch. The court will pass the final decree afterwards. You need not do anything at this stage.
2. No, the collector has to comply with the court order.
3. Only markings by metes and bounds will be done. The final decree has to be passed by the court.
4. You may make an appeal either oral or written to the collector explaining your age and health conditions and earnestly request him/her to expedite the partition process.
Dear client
You can apply to the collector for the actual division of land after the final decree is issued by the court. The final decree will specify how the land is to be divided.
If one of the brothers objects to the partition plans proposed by the collector, it may cause delays. However, the court's final decree should provide a clear plan for division, and objections might need to be addressed through legal means.
The division by the collector should provide separate 7/12 documents for each brother, indicating their individual ownership shares.
The timeline for the collector to divide the land can vary. It depends on various factors, including the workload of the collector's office and the complexity of the division. It should not be indefinite, and it's in the best interests of all parties involved to expedite the process, especially considering the elderly and widow's needs.
If partition order has come then you can straightforwardly sell and give possession otherwise you can still sell but possession will be an issue
