Query regarding partition of ancestral property
anilkumar
(Querist) 02 April 2015
This query is : Resolved
My mother' parents have expired and they did not leave any will and all the agriculture land has been transferred in the name of my mother and her 2 sisters and 1 brother as per jamabandi details available on haryana land record website.
My mother want her but her brother has objection on the ground that daughter should not take share in property as per customs and my mother's other 2 sisters are also not cooperating with us.My mother had filed partition case in the tehsil 1.5 yrs back.I think tehsildar,SDO and my lawyer all are harassing us by delaying the matter as it is a very small town and my mama has good relations with tehsil people.They are saying that my mother's share in coming in 4 khewats and there are total 70 people doing cultivation in those khewats apart from my mother,her sister and brother so unless those 70 people also give their consent,partition can not happen.
When tehsil proceedings were about to finish after 1year of filling the case,6 people out of those 70 have filed appeal in upper court.
I had sent rti to tehsil to know the till date proceedings but they have replied me that your lawyer is appearing on your behalf and as per RTI rule,information can not be provided of running case and case is already in appeal so if you have any further query,contact tehsil.
Pl. confirm me what can i do in this case.
kavksatyanarayana
(Expert) 02 April 2015
Immediately you have to file a case in a court of law by engaging a lawyer who have knowledge in this type of cases.
anilkumar
(Querist) 02 April 2015
Can I skip tehsil & tehsil court and directly file case in district court on grounds that we have threat to life in tehsil
Devajyoti Barman
(Expert) 04 April 2015
File a suit for partition and injunction. Shoe all the relevant papers to a local lawyer.
anilkumar
(Querist) 04 April 2015
Dear Barman Sir,
That's what I have mentioned that my mother has already filed suit in tehsil but I think tehsildar, our lawyer and sdo are dragging it so I want to know can I skip tehsil and city court and directly file case in district court on any ground.also while answering rti they have not mentioned in the end that you can file appeal with deputy commissioner in case you are not satisfied with response and what they have mentioned is contact tehsil for further information and doubts and as per rti rules they can not give information about our case if opposition party has appealed in the court.
