Revenue records and suit
Querist :
Anonymous
(Querist) 14 April 2022
This query is : Resolved
We had filed a suit for declaration and permanent injunction for the ancestral property. It consists of three brothers.
The suit was filed against the two brothers. However, after filing the suit we noticed revenue records were changed to his son's name for one of the brothers
In the written statement also Defendant did not take the plea that property is partitioned among his sons. will it affect the case?
Advocate Bhartesh goyal
(Expert) 14 April 2022
No, Revenue records does not confer title of proprrty so you need not to worry.Apart from this you have to prove your case by your pleadings and cogent evidence that partition of disputrd property never took place by meets snd bounds
kavksatyanarayana
(Expert) 14 April 2022
Yes. Agreed with the advice of the above learned expert. Did you obtain the extract of the revenue record?
Shubham Bhardwaj
(Expert) 15 April 2022
Dear Sir,
Although revenue records do not confer title but you must find out as to how the revenue records reflects son's name. Has any document been executed ? If yes, see the nature of document. If the title has changed then you have to file Application under Order I Rule 10 CPC for amendment of parties.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Dr J C Vashista
(Expert) 17 April 2022
The queries emanating from the facts are different viz;
alteration / modification / change in revenue records qua endorsement of name of one of the three successors ? What changes has been done ? Who have done the alleged change ? Why changes have been made ? Did you lodge complaint before authorities / police for the changes made therein the records, if it is found to be illegal / invalid ?
Whatsoever, I concur with experts revenue records do not confer title of ancestral property.
and
partition of ancestral property among legal representatives of deceased which is already stated to have been sub-judiced.
No comments / opinion / advise can be offered on the plaint and WS without going through judicial file.
P. Venu
(Expert) 17 April 2022
Yes, the facts posted are inadequate to offer any meaningful suggestion. There, certainly, are deeper issues.
Please post complete facts.
