Relief to be sought !!
Vikram Chandra
(Querist) 11 August 2009
This query is : Resolved
Hi Friends !!
The query is;
My client's father (died) holds a decree of partition for the year 1974 which has become final and as per the decree he has got 144 Sq. Yds., which is as per the commissioner's report and which has been annexed to the decree copy. Whereas my client is in possession of 112 Sq. Yds., as on today. Inview of the old structure my client is raising the new structure after obtaining the permission from the local authority. Further, my client has become the owner of the said partitioned property in view of the relinquishment deed executed by her brothers and mother in her favour recently in the year 2007 as my client's father has died. Further, there is a mistake which has crept in the said Relinquishment Deed while executing the said deed the total area of property was shown only as 117 Sq. Yds., Where as the Decree copy of the court shows the total area which my client's father got is 144 Sq. Yds. Further, my client is only in possession of 112 Sq. Yds., Now the neighbours i.e., the other parties to the said partition decree are in illegal occupation of another difference area and the said fact is discovered right now by my client inview of the latest construction which is being raised by her as per the relinquishment deed. Now the query is what is the area she should claim in her suit which is going to be filed by her either it should be an area as per;
1. A Partition Decree
2. A Relinquishment Deed
or
3. The Physical Possession which my client holds as on today. To get back her land.
But, fact remains that my client has lost the area and it was discovered recently inview of the construction being raised by her that too on the basis of a Relinquishment Deed which is incorrect if it be compared with the Partition Decree which has become final. Now what is the suit my client should file before the competent civil court inview of the said facts to get back her area as per the Partition Decree.
regards,
vikram.
sanjeev murthy desai
(Expert) 11 August 2009
Dear Mr. Vikram,
Firstly she should have the rectification of measurement of relinguishment deed.
Secondly there is no need to file suit for the to get back the correct area. File a application for correct survey of the said land from authorised surveyers of Survey Department. In this proceeding if any objections arise, then she can file a declaration suit against the objectors. In that suit she can file a application to appoint a commissioner for survey of the said land.
sanjeev desai
Adinath@Avinash Patil
(Expert) 12 August 2009
Good morning dear vikrant,
firstly according to decree fixed bounries by obtaing measurment form govt.surveyer .Threafter your client have to file suit for recovery of possession of encroached poperty made by other members who are the parties to decree.
Vikram Chandra
(Querist) 14 August 2009
Dear Sir/s,
Thank U very much for your valuable replies. Can I file a comprehensive suit for rectification of boundaries and recovery of possession by making the executors of release deed as defendants for the relief of rectification and the other parties to the partition decree who are in illegal possession as defendants for the relief of recovery of possession, instead of relying on surveyor.
regards,
vikram.
