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Vipin (Engineer)     24 November 2008

land partition case

hello, I had purchased 600 square yards (1 kanal) of agricultural land in 2006 near gurgaon, HR. The property has a stone walled boundary of about 6 ft from ground level. The property is a part of a whole field of Their are two other parties who own the whole field behind this boundary.  The boundary wall is constructed on the road facing side. One of the nother owners has filed a case of partition but he wants me to accept a land on the side with less front. I have the registry and the mutation with clear directions written (saying the "Kabza" is on South side of the road etc).

The  partition case is with the Tehsildar and he has asked ourt lawyer to show some ruling where the partition has been done according to possesstion. I feel since i have the registry done clearly mentioning that i am in possestion and I have a boundary wall and I had installed a gate , the land should be partitioned as per the possestion on the ground.

Please give some advice what are my legal options.Also is their some law written somewhere that says that partition should be done as per possesstion.

I would appreciate any responses.

 



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 5 Replies

Manish Singh (Advocate)     25 November 2008

you must have mentioned in the sale deed all th description of the property what you are buying so present the registered sale deed.

Vijay Kumar (Advocate)     25 November 2008

In revenue law, it is the settled legal position that while partitioning the land the pssessions are not to be disturbed. There are a number of decisions.

N.K.Assumi (Advocate)     26 November 2008

Such boundry dispute does not depend on the Court citation but on facts to be proved by available evidence. just produce the best available evidence in your possession as mentioned by Manish Ji and Vijay Ji.

K.C.Suresh (Advocate)     27 November 2008

In Kerals the document contains the schedule of property which specifies the boundaries. If that is there and no fraud activated by any body the matter can be solved.

Vipin (Engineer)     27 November 2008

I really appreciate all the responses from advocates. Also, please send me some case decisions references also.


Thanks


 


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