Revenue department compelling to file partition suit.
Kavindra
(Querist) 07 April 2018
This query is : Resolved
I have jointly owned ancestral property with my extended family read uncles and cousins. But they are not allowing me to take possession on the land. They are cultivating or have leased the entire jointly held holdings and built construction on whole plots which are jointly held thus denying me accessibility to the property & income from it. Whenever I submit application for demarcation or delivery of possession before revenue authorities they refuse to give me possession of my share stating that I must file a partition suit for it. I feel that the revenue officials are doing this on the instructions of my unscrupulous co-owners to cause infinite delay through the litigation.
Azhagananth
(Expert) 07 April 2018
on your facts, it is clear that, you are the Joint owner and you are entitled to get share. But which share... such share will be decided only after the filing of final decree and report of Advocate commissioner.
The effective way for delivery of your possession, is only through court.
Kumar Doab
(Expert) 07 April 2018
Agreed...
Approach your own very able LOCAL senior counsel of unshakable repute and integrity specializing in civil matters having successful track record ………and worth his/her salt… further action.
Check at LOCAL courts complex…..
Sri Vijayan.A
(Expert) 07 April 2018
Consult a local good and expert lawyer in person
Ms.Usha Kapoor
(Expert) 08 April 2018
Consult a local trustworthy lawyer and expert in person specializing in civil matters.
Kavindra
(Querist) 08 April 2018
But when there are only 3 shareholders having 1/3 share on the plots can't we simply divide them into three and deliver possession to me instead of the lengthy litigation /
Dr J C Vashista
(Expert) 08 April 2018
Presumably it is an agriculture land, file a suit for partition, damages and mesne profits before area SDM (Revenue) through a local lawyer.
No alternative legal remedy is available to you except above.
However, you may try to take forcible possession of your share.
P. Venu
(Expert) 08 April 2018
Revenue Authorities have no jurisdiction decide, distribute or assign private rights or properties. A competent court alone can decide and enforce such matters. Another option is to approach the local adalat functioning under the District or Taluka legal Services Authority.
Kavindra
(Querist) 09 April 2018
Should I approach the SDM's court or judicial court to file the partition suit? How much time will it take to resolve the matter, I mean years or months?
Kumar Doab
(Expert) 09 April 2018
All co-sharers can certainly divide (by boundaries) and enjoy their share..
