Validity & execution of decree
Adv Vikramsinh Mohite
(Querist) 20 February 2013
This query is : Resolved
Hon'ble Experts,
Our family agricultural land was partitioned through compromise decree on 30.09.1999. As per the decree parties were given possessions and are cultivating till date. However, the mutation to 7/12 is not done till date. It is now 13 years. Now suddenly one of the party is trying to grab the other party's share.
Kindly advise as to
1. Whether the 7/12 mutation can be done now.
2. If any party denies other's rights, can the execution petition be filed.
3. Which remedy is appropriate at this stage execution or injunction or eviction.
Thanks
Raj Kumar Makkad
(Expert) 20 February 2013
1. Yes, if all parties are still agree to already done partition.
2. No. partition proceeding shall have to be initiated in that event.
3. Neither of 3 rather 4th is to get the land partitioned as no injunction can be claimed against joint holder of land.
Adv Vikramsinh Mohite
(Querist) 20 February 2013
Thank u raj kumar sir. But I am shocked to hear that I don't have any concrete remedy.
1. Does it mean the compromise decree of court passed 13 years back based on which parties were given possessions is useless now.
2. As the property was self-acquired property of grandfather, then is it possible to initiate partition proceedings.
Raj Kumar Makkad
(Expert) 20 February 2013
Mohite G! I have o emend my earlier reply as I forgot to seriously read the word compromise decree. I overlooked word decree.
Once decree passed and possessions handed over accordingly may it not be a part of revenue record cannot be challenged at this stage so a suit for injunction can be duly filed and even the partition already effected can also be got inserted in 7/12 extracts by moving an application to the Tehsildar.
Raj Kumar Makkad
(Expert) 20 February 2013
It is my pleasure to provide legal advice amending upon your further attension.
Adv Vikramsinh Mohite
(Querist) 21 February 2013
Raj Sir, I am grateful to u for prompt clarification.
Further,same uncle is preventing us from cultivating our share, can we get any help from police in this matter on the basis of decree since there is no 7/12 mutation.
Can police charge him with any offence.
If yes what type of application should we make to the police.
Thanks
Nadeem Qureshi
(Expert) 21 February 2013
Dear Querist
you have right to file a criminal complaint for Trasspassing against him
Adv Vikramsinh Mohite
(Querist) 21 February 2013
I request other experts to kindly give their esteemed advise.
AAK
(Expert) 21 February 2013
based on your compromise decree you can file Suit for injunction.. it is the best remedy.. looking to the facts you have very good prima facie case and there is every chance of getting injunction..
