Hello forum members,
i have a query and you all will have to be patient in hearing the background of the case.
My greatgrandfather M acquired land by "kulkaida" (one who tills the land is owner). He had a wife K and 3 sons D, H and A and also 4 daughters.
He died in 1964 and his heirs were sons D,H,& A and wife K. His 4 daughters gave up their share in favour of D,H,A. Accordingly their statements were recorded and necessary entry was made to 7*12 extract.
Now M's heirs were D,H,A and K.
my grandfather D died in 1972 and his legal heirs were his wife S and only daughter L (adult at that time).
Accordingly 7*12 extract now had 5 names. S, L, H, A and K.
Also since D was karta of H.U.F.; S & L gave their N.O.C. to H as new karta which was also recorded in land records. However soon H, A and K refused to give any share to S and L.
Finally S filed a regular civil suit in court of Joint Civil Judge, Alibaug, Maharashtra in 1983.
Accordingly S was made plaintiff while H, A, K and L (remaining names in 7*12 extract) were made defendants.
Plaintiff S asked for her 1/6th share as D's widow and for 1/6th share of her daughter L in joint H.U.F. hotchpot.
After filing of case defendant K died(widow of M). As plaintiff and defendants were legal heirs, an
amendment to that effect was made.
N.B. my mother gave the talati K's death certificate to have her name commuted however he gave excuses (or maybe he was afraid because matter was sub-judice). Even after stiputed 1 month (as i understand it) K's 4 daughters did not apply as her legal heirs or perform her panchnama.
So court case proceeded and after adjudication judgement was passed in favour of plaintiff in 1985.
Accordingly, plaintiff S got 1/6th share, H got 1/3rd share, A got 1/3rd share and L got 1/6th share(S and L's share totalling to 1/3rd). That is the honourable court made only 3 parts of common hotchpot (N.B.no share of deceased K was made.)
The file was then sent to the Tehsildar's office for execution. The common house was divided by mutual consent into 3 parts.
Now the land around common house in village A, plot of land in village B and 2 plots of land in village C had to be measured and divided. This process itself was purposely lengthened by defendants H and A by making constant health excuses thus getting to profit from said agricultural land produce.
Finally in 2003 all the plots were up for measurement. Accordingly by mutual consent it was decided that plot around house in village A would be divided into 3 equal parts. land in village B be entirely given to plaintiff S and defendant L(1/6th share each) and 2 plots of land in village C be given to one each defendants H and A.
Their statments to this effect were recorded by Tehsildar along with division charts, maps etc.
Plaintiff S (my grandmother) died in 2004 before possession of lands were granted. My mother L being her only daughter applied to be made the plaintiff in her place in court. Accordingly she was and both H and A agreed to same.
Tehsildar in 2005 passed order for giving possession of lands and accordingly making changes in 7*12
extract and returning the file to Tehsildar office.
By the time the actual implementation of this order came it was march 2007! But Tehsildar office head clerk sent file and orders for plot in only village A and 2 plots in village C. (this was a mistake on their part as possession of land for village B should also have been given at same time. but the excuse they gave was villages A and C come under one circle office and village B comes under another circle office.
Accordingly plot around house in village A was divided into 3 parts. The "taabe pavti" document signed by officer, talati and plaintiff L and defendants H and A was made. Copies were made in triplicate for Tehsildar office, defendants and plaintiff. However no changes to 7*12 were made.
Also 2 plots in village C were given possession legally speaking (note please both defendants were already using all lands for agricultural practices and gaining profit) to defendant H(plot 1) and defendant A(plot 2).
The "taabe pavti" was again given to both H and A. Also its copy was given to plaintiff and also for Tehsildar office. Again no changes were made to 7*12!
Also in 2006 my lawyer had advised my mother to get names of K and S removed before the possession had occured. however successive talatis of villages A, B and C didnt take any action nor say if they couldnt infact do anything. she gave written applications in 2006, 2007 (for commutation of both K and S' names and changes according to given possession), 2008, 2009. Inspite of repeatedly reminding talati orally and written about 7*12 changes and circle officer and also Tehsildar about it, no action was taken. The Tehsildar had infact
sent file to circle officer of village B.
But before his transfer Tehsildar wrote remark of main file "that there must be a search for survivors of K and S). accordingly talati of village B (which will entirely come into possession of plaintiff L) insisted that he cannot act on giving possession and also his circle officer till the issue of legal heirs was resolved!
So my mother gave will of S which gives half of her possession to L and the other half to me. Also her death certificate was given. Still talatis and circle officers of village A and village B insisted that they must carry out
Panchnama. Also regarding K they insisted that names of her heirs viz. 4 daughters have to be added to the 7*12 extract. However talati of village C (possession is in hands of defendants H and A) says commutation is not required in his 7*12!
So by lawyers advise we gave copy of judgement, decree, Tehsildar's own order dated 2005 abt possession of lands & necessary changes in 7*12 within 1 month. But to no avail. Even the present Tehsildar insists on putting names of 4 daughters in Village A 7*12 (its where the divided house is and by some law of revenue department they tell us, its the place whose panchnama will be recognised)
After giving repeated applications that no share of K has been determined by court and said daughters have given up claim nor have they filed appeal since judgement was passed, why wasnt this panchanama procedure done before giving possession of part of the lands, why only for giving posssession of land B (which is the only one left now and case will return to court and will be settled and lands registered) which incidently is being used by defendants H and A still; no favourable outcome has come.
Infact i now only saw the online 7*12 extract and was shocked to see names of all 4 sisters along with name of deceased K while plaintiff L's name and my name has also been added abd deceased S's name been removed!
So this is the long summary of the problem. I have many questions, please answer them and if you have any doubts please ask.
1)First of all when a defendant dies during proceedings of court, and his legal heirs do not claim their share (here 4 daughters). Is there a time limit for this claim?
And what laws govern the revenue department talati office if the case is sub judice, can they remove names of deceased?
2)The court judgement made only 3 parts, so now can 4 daughters claim any right to the lands (note they havnt asked for so in house, it is totally clear.) they also havnt gone to court and looking to settle this matter in their favour in the realms of Tehsildar office itself without any "legal court wrangles"!
can such rights be claimed superceding the courts judgement? Please note they didnt file any appeal after they lost case! nor did their 2 brothers file any appeal on their behalf. Can they (4 daughters) still file appeal when they werent party to original case? Can both defendants H and A file appeal?
3)Are laws of courts, decrees and judgements of courts not binding on Mehsul (revenue department) of Maharashtra and the Tehsildar's office as also the Tehsildar or collector?
4)Can the talatis, circle officers and Tehsildar add names of said daughters (who are not party to suit) even to land records which are already said to be decided by defendants and plaintiff to be mutually given to each other.
Is this valid?
5)also none of the orders regarding possession of land, changes to 7*12 were carried out in stipulated time or proper fashion. what action can be taken against this?
6)are names of 4 daughters now added to 7*12 of village A valid? what procedure is there for getting them removed?
why are they insisting on only adding their names to land in village B which will come under our possession? why not in plot of village C (just cause its legally given to them?!!)
7)what can i do now to solve this confusion and destress? how do i get possession of my land in village B (WHOLLY GIVEN TO US BY MUTUAL CONSENT). Isnt Tehsil office negating its own earlier orders, statements?
8)what can i do when talatis, circle officers, tribunals and Tehsildar, Collector arent giving me proper feedback.
9)what legal course is left to me if they insist along same line of action?
10)do i need to take "direction" of court? what is it exactly? and what is its proper procedure? will it help me here?
thanx for your patience. please any advise is welcome, and please give me some website or book or Mehsul department of maharashtra laws and regarding what its procedure is. since the talatis dont give proper information and interpret by own whims what can i do, it leads to problems i dont know abt their procedure.
i am totally fedup with this file being pending in mehsul office (revenue dept.) of alibaug Tehsil for 22 years now. How can i expedite and take the case to logical conclusion?
