Summoons for settlement of isues order v rule 1 & 5 code of civil procedure
SATISH PRASAD
(Querist) 16 March 2014
This query is : Resolved
Respected Sir,
I have a property in my village in my grand father's name about 55 years old which has not been transfered in my father's name. My grandfather's were 2 brothers 1)three sons 2) also has three sons. We all were happy but suddenly 2nd party iisued a notice to us for fresh settlement of the land which was settled 50 - 55 years ago. All of them has constructed their house and lived happily. So, please guide us what to do what will be the court's decision.
ajay sethi
(Expert) 16 March 2014
you have stated that settlement was done 55 years back . was it recorded in writing ? if so why was mutation of property not done on basis of said settlement .
settle issue amicably . prepare deed of partition have it duly stamped and registered . if no such settlement is possible court will on application by any of the parties partition property .
Rajendra K Goyal
(Expert) 16 March 2014
Whether the previous settlement of 50-55 years is written and registered? whether any mutation has been entered on the basis of this settlement? what was the details of settlement? What notice has been received from other party?
If no amicable settlement is arrived, contact a local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 18 March 2014
If there was not proper partition done earlier, then on receipt of notice, it can be decided by talks among the family members and arrive at an amicable partition, get it registered by paying the appropriate stamp duty or else allow the court to decide in the partition suit.
