• Passbooks held as disputed land

Hello sir
we have purchased a bit of land over an extent of 75 acres in 7 survey nos. in 1988 in d name of myself ,my wife ,my mother and my brother..we have planted mango seedlings in the over all extent of mine and wifes land..and from then it was under our peaceful enjoyment..my brother and mothers land was cultivated and it was under their enjoymnt..recently 1B and pattadar passbooks were issued to me and my wife..but an extent of 5 acres ( my mango garden) was wrongly entered in the name of my mother and 5 acres of some adjoining farmers land was shown in my name...now due to family disputes the issue comes up and we have given representation to all the district revenue officials to correct my wrongly entered extents since 1.5 years.My brother and mother with decietful intentions are interupting every work to be carried in my mango garden threatening workers and driving them away.. They even interupted the survey stating that the passbooks itself were wrong..and now they want half of my mango garden ..hence they have approached the RDO and gave a representation to cancell all passbooks and 1Bs issued to all the 4 land holders and issue new ones ..hence the Tahsildar was directed to do so by placing the lands as disputed lands in webland. ..So how to proceed with this issue now.any suggestion wud be of great help sir..Iam a retired state gvt.employee with broken leg..Iam struggling a lot with this tension
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1) you have to file declaratory suit that you and your wife are absolute owners of the land

2) enclose copy of registered sale deed by which you purchased the land

3) also seek orders to direct survey office for carrying out detailed survey of your land and demarcation of boundaries of land

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. The case has become more complicated than error appearing in passbook.

2. Since the dispute doesn't appear to be resolved soon you have to file civil suit for comprehensive relief.

3. So file a suit for partition and injunction wherein the court would physically divide the land among yourselves which alone can solve the problem in all practical purposes.

Meet sn advocate for this.

Devajyoti Barman
Advocate, Kolkata
23115 Answers
505 Consultations

5.0 on 5.0

Hi

Since your submissions to RDO and other Revenue officials have not yielded the desired results, you should now file a suit for declaratory title based on your sale deed (year 1988) and in the said suit you should implead

1) Your mother , 2) Your brother and 3)Collector and ask the courts for

a)Interim injunction orders against your mother and brother

b) FMB Survey based on your title deed and

c) Rectification of 1B and Patta pass books by collector and other revenue authorities and

c) declare you and your wife the absolute owners of your extent of property.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

You should submit an application to the Tahsildar about this and seek his intervention to clear the said legal issues.

If he/she is not cooperating or if there is no response from their side, you may file a suit for mandatory injunction against the Tahsildar and other officials seeking title declaration and other reliefs.

T Kalaiselvan
Advocate, Vellore
86347 Answers
2293 Consultations

5.0 on 5.0

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