Hi All,
My sister filed a partition suit in 2005 against her three younger brothers and our father. During the case, our father passed away. The court eventually ordered that she be given one-fourth of the property. After that, she filed an FDP case, and the court ordered a survey to be conducted.
Two years ago, a government surveyor surveyed our entire property and submitted the report to the court. The case is still ongoing.
My concern is that I believe the surveyor may have accepted a bribe from my sister. In the report, he has marked all three pumpsets in her name and did not allocate even one to us three brothers. Additionally, all roadside lands have been marked for her, leaving us with no access path to our agricultural land.
This is especially unfair because two of my elder brothers rely completely on farming for their livelihood. My sister, on the other hand, is well-settled with her husband in his native place and already owns multiple properties. We do not have any other land apart from this.
In one particular plot, which is only 15 guntas in total, the surveyor has allotted 4 guntas to her and left only 11 guntas for the three of us. This does not seem like an equal or fair share.
After the survey, we considered filing complaints with the Tahsildar, ADLR (Assistant Director of Land Records), and DC, but our lawyer advised us to wait. He said he would file objections in court and request the judge to order a re-survey. However, it has been two years now, and nothing has progressed.
Now we are worried. If the final judgment is against us, what can we do? One of my friends advised me to immediately file a complaint with the Tahsildar, ADLR, and DC about the corrupt surveyor. But we are unsure if they will take any action since two years have already passed.
My questions are:
Should we wait for the court’s final decision?
Can we still file a complaint against the surveyor even after two years?
If the court judgment goes against us, what are our options?
Is it too late to request a re-survey through higher authorities?
I would really appreciate any guidance or legal advice on the best steps to take now.
Thanks,
Kumar
