Land dispute
Vinod R Kolkhede
(Querist) 20 May 2013
This query is : Resolved
This is regarding land. I need advice on behalf of my friend. There is some land, which is came by Anchestral, that means Anchestral Property. Now all family member's name are showing on Land's paper (As per 7/12 extract, property paper as per Maharashtra Land revenue code). My friend's brother , sister , mother and Aunty's name showing on property paper Auncle died before 20 years back and since then possetion of land is with my friend. Autny got remarried to another persone and thus her name came on property paper after uncel's death. Now Aunty neeed partition and she got injunction from court till the case gets disposed. Now my friend is ready to give her right but Aunty now wanted money for that land. My friend told Aunty to make the settlement through court. But Aunty needs first money and then settlement. Also she is ready in another way and telling that without informing court all members will go to subragistar office and and will make the land separted on every body's name.
Is it the right way , without informing the court to make the separation of land?
Becuaese Aunty is ready, if Aunty is ready then there is no body who can take the objection. Please advice.
adv. rajeev ( rajoo )
(Expert) 20 May 2013
It is better to file the compromise petition in the court and pay the amount in the court only.
Shashikant V. Patil
(Expert) 21 May 2013
Adv Rajeev rajoo is correct to say to file a compromise petition in the court in the matter filed by your aunt. Further to this, your friend ,his brother, sister and his aunt i.e. owners and all co-parceners in the subject property as per their respective share entitlement can execute and registered partition deed with Sub-registrar Office under which subject property situated. Then accordingly after registration of partition deed, the same can be handed over to Village Revenue Officer for Mutation and accordingly after certifying the mutation by Circle Officer, the 7/12 extracts will be effected in which all owners and co-parcerner's share will shown against their respective names.
