Sub division issue

Querist : Anonymous (Querist) 17 May 2020 This query is : Resolved
I am residing in chennai. We bought land in year 2000. Seller sold 600 sq ft to my father and 1000 sq ft to another 3rd party. We built house in our part. 3rd party build house in their part without doing subdivision. Now we are going to sell our part but without subdivision purchaser not accepting. That 3rd party is not cooperating for sub division. How to proceed. Please guide.

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Raj Kumar Makkad (Expert) 17 May 2020
You need to file a suit seeking formal partition of the land. It seems that the sale-deed was for the share of the land rather specifying its boundaries. If it so, there is no hurdle to get the partition done as both the parties are in the occupation of the purchased land. Engage a local lawyer dealing in the civil side of law.

P. Venu (Expert) 18 May 2020
Have you carried out the mutation, based on the conveyance deed, in the village/revenue records?

Rajendra K Goyal (Expert) 18 May 2020
600 sft. Land is in the name of your father; he is owner of the same. He is in the possession of the same since last 20 years, have constructed the building after purchase and living there.

If other person do not agree for partition, file case for partition on the basis of possession.

T. Kalaiselvan, Advocate (Expert) 18 May 2020
First you apply for mutation of revenue records based on the registered title documents on your name.
If the authorities do not entertain the application then you can approach court for solution

Dr J C Vashista (Expert) 19 May 2020
The area / boundary is specified in the sale deed, apply for demarcation.
Seek professional services of a local lawyer for appreciation of facts/ document and necessary proceeding.

P. Venu (Expert) 19 May 2020
In my understanding, what is required is a visit to the village office than consulting a lawyer who, but for exceptions are unaware of the nitty-gritty of land revenue administration and related aspects,

Raj Kumar Makkad (Expert) 19 May 2020
It is very difficult to become agree with the advice of expert T. Kalaiselvan. When the owner of the property is alive for whom the same is a personal property, how can the author get its mutation in his name and how on failure to do so, can file a civil suit for its solution?

Rajendra K Goyal (Expert) 19 May 2020
The property was purchased by the father of the author / querist. Mutation must be in his name, if not it can be entered in terms / accordance of the sale deed.

Agreement with other party is the best solution and if not possible, taking shelter of law by filing a case is solution. In such case discuss with local lawyer.

T. Kalaiselvan, Advocate (Expert) 19 May 2020
@ Shri R K Makkad Sir,
The author was suggested to initiate steps to exhaust the remedies available before him and he was advised to approach court only after exhausting the remedies available before him.
You may note that the owner whether alive or not living, the author has purchased the property by a registered document, hence he need not have to approach and beg the unwilling owner or the neighbor who purchased the second portion of the same land.
The next alternate solution to this is to approach the authorities concerned directly, if they also refuse citing any invalid or valid reason, the author cannot sit idle without any clue or remedy for this crisis.
Therefore he was advised to initiate/begin with the legal actions from the options available before him in this regard and let him approach this forum for further advise or suggestions, if he is struck somewhere.
Hope my view or opinion makes sense.

Guest (Expert) 19 May 2020
Kind Attn the Querist/ the Author -- Your Query / Issue is the Third Party the Other Buyer is not co operating for the Sub Division. As Rightly said by the Learned Advocate Mr.T.Kalai Selvan you should approach the Court and the Court would Order for Sub Division and the case could be completed in 3 month by a local good Civil side Advocate. Even if the Revenue Department Or the Tehsildar Officials are ready to implement the sub division they will not be allowed to initiate it properly if the other buyer is not co operating and the Court Orders would be the best Remedy. Discuss with a Local Good Advocate and Rightly said by Learned Advocate Mr.T.Kalaiselvan

Guest (Expert) 19 May 2020
Legal Partition basing on the Court Orders would arrive at the Perfect Legal solution to the Querist as Rightly advised by Learned Advocate Mr.T.Kalaiselvan please

Guest (Expert) 19 May 2020
Discuss with an Local Good Civil Side Senior Advocate in detail and legally Proceed

Guest (Expert) 19 May 2020
Your query is quite irrelevant in the absence of the very basic facts about the title deed, mutation, house tax and property tax record, as may be.

So, you can get advice from the experts that may contradict each one or the other, as per their own guess or perceptions of the case.

So, better if you give complete details of the case, if you want some appropriate advice.