I am a 64yrs old Sr. citizen staying in Mumbai having a son studying in Engg and is willing to do MBA after Degree. We are having 10 acres of Agri.land located at two different locations about 800 meters away from each othars. (1.5 acres is seasonal irrigated having a well) land is about 350 KMs away from Mumbai. My elder br expired in the yr 1986 thereafter I helped his family a lot There was an oral agreement bet my in-law (spouse of my brother) that we will not sell the property till education of all kids in the family is completed. In good faith I helped her sons to complete their education and daughters' marriage.
In Feb 2012 one of my nephews started to search a purchaser for 25% of the property. I suddenly filed a partition suit in which my sisters (3 No) issued me their rights (HAKKA VITARAN PATRA) thereby I claimed 65% of the property. Unfortunately my lawyer has not registered the suit. In Feb he sold a 16 R of irrigated land at a cost much lower than Market price because purchaser was aware that there is a partition suit and registered cost is shown 25% of the actual cost.My lawyer applied for amendment that was heard on 29th Oct 2012 and court rejected it because my lawyer argued for
a) KABJA MANAI
B) PROHIBING THE PURCHASER FROM CULTIVITION
C) ORDER TO SELLER/PURCHASER TO SELL THE LAND TO ME (PLAINTIFF) AT THE REGISTERED COST
As the original suit was filed prior to sell all these points were not incorporated in original suit.
Court agreed with the view of opponent that this changes the nature of suit
He on 12 sept 2012 sold 25% of another piece of land (claimining his share) my lawyer applied for IInd amendment and is due for arguement on 1/12/2012
In view of this my queries are as follows
A) should I go to HIGH COURT with revision petition as is advised by my lawyer
B) If so what is time period for sibmitting petition because advocates in my contact are having different views and what will be possible outcome
C) As the land in dispute is not enough to comply with requirements of "TUKDE BANDI ACT in Maharashtra (Minimum area require is 22R) after partition collector will compel the seller/purchaser to sell the partitioned piece of land @ Gvt rate to big share holder (i.e.Plaintiff) this what advised by my lawyer. Is it true
D) If so should I go for proceeding with partition suit pl advise.
E) If proceeded with partition suit what about sold property
F) In that condition my 65% share is not protected because there are two nephews as respondents, one niece and their mother.
G) Should I file an additional suit praying for prayers my lawyer prayed for in amendment application will it be entertained
pl sugest another remedy if any so that I will get my 65% share
