Dispute for physical possession of will property after decree
namdev kadam
(Querist) 01 January 2015
This query is : Resolved
Sir, My father(plaintiff) filed suit for injunction,declaration&separate possession of will property in Maharashtra ag nepviews(defedents6nos).Decree order as under(1994) 1.The said suit decreed with cost,the plaintiff is entileentitled to get 1/2 share in suit property.The partition of suit property to effected through collected agency decree drawn up accordingly.Thendefedentds filed appeal which is dismissed with cost in year 1995(the previous order maintained)Then collector's people camefor partition but defedents(out of 6,two were local policemen)by making fool to my father (73 yrs old St citizen, alzemier patient)they sent by govt people by argueing that we will settled matter amicably.Because from begging they afraid that they will lost some alphanso mangoes tree in partition(this will happen?)as they put more than 25 trees without measurement of suit land which is unequal.pl advice 1.for equal partition (mete and bound) what steps to be taken?This will affect limitation act(total land is 3 and 1/2 hectors in scatter 4 survey nos.) Pl guide me in this matter to resolve .
Devajyoti Barman
(Expert) 01 January 2015
Apply for partition by metes and bounds by way of appointment of advocate commissioner.
Rajendra K Goyal
(Expert) 02 January 2015
Proceed for partition of the property.
namdev kadam
(Querist) 02 January 2015
Thanks, in this matter once decree passed in 1994 then again I can file partition of property.
ajay sethi
(Expert) 02 January 2015
based on HC order apply to collector for partition of property by metes and bounds
namdev kadam
(Querist) 03 January 2015
Thanks, all expert for your value able advice.
T. Kalaiselvan, Advocate
(Expert) 03 January 2015
Yes, partition and separate possession by metes and bounds will be the solution for this.
