Legal Question in Civil Litigation in India

My father and his two brothers entered into registered partition in the year 1964. My father got a plot which was not an acquired land by his father. Being adjacent to his father's land it was mischievously included in his schedule. The land included is Kaisher-i-hind. Thus he was deprived of actual share in his father's landed property and a major chunk of actual land went into the share of his second brother. The landed property at his village was not partitioned in 1964. They fought titile over the land with their cousin and the High Court decreed the total land measuring 7katha 18 dhoors in 1991 in favour of my father and his two brothers. Since my father got major chunk of Kaishe-i-hind land so the actual share of land from his father's property was meagre. The decree of High Court has not been executed yet even after lapse 22 years. Can I enter into re-partition of land of my grand father by a partition suit in a proper court of law now?


Asked on 8/08/13, 3:56 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

09.08.2013

Dear Sir / Madam,

Since Court cases pertaining to immoveable property are argued and decided only at the concerned jurisdiction of the Court where the immoveable property is located, you should write to the Court Registrar seeking an explanation for inaction by the High Court on your case for so many years. You should specify where exactly your ancestral land is located (whether in Chittagong or its vicinity) when you repost the query again after 15 days of your lodging the written complaint to the Court Registrar to ascertain telling me whether the Court Registrar has acted on your complaint or not.

Regards,

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Answered on 8/08/13, 10:39 pm


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