File suit for partition for division of land by metes and bounds
2) seek an injunction restraining sale of land by your aunt
3) enclose grand father death certificate
Partition of agricultural land in UP
Hello Experts, My grandfather had 90 bigha agricultural land & was never divided formally amongst his 03 sons after his death almost 15 years ago. His youngest son (my uncle) had been managing it on account of proximity to village & reaping the gains without sharing any profit. The other 2 brothers did not get involved due to logistical reasons & having full trust. The uncle managing the land passed away 3 months ago & I found a "Vaad" (case/application ?) filed against the property (dated 23rd Mar'21) showing his wife's name as "the plaintiff". The case has been filed under Section 34 of Uttar Pradesh Revenue Code 2006. The land has not been divided yet & I see my aunt's name as plaintiff against my dad's land piece also. I found this out via UP Bhu Lekh online portal as no one has informed of this explicitly. Can some one explain what is going on here & what are my options here ? We are interested in formal partitioning of land now. Thanks in advance.
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
A case has been filed by your aunt claiming to be the owner of the land and she has most probably filed for the declaration.
Hello, I am not clear by your answer. Please clarify based on Section 34 knowledge - Is there something sinister going on ? Is my aunt trying to put her name across on everyone's (undivided) land portions ? PLEASE CLARIFY THIS FOR SURE. We anyways plan to file request for partition at Tehsildar's office soon enough. Thanks.
Asked 3 years ago
If your father name has been shown as defendant he would be se4ed with case proceedings
engage a local lawyer and take search of court proceedings
without going through the case papers we cannot say what your aunt is planning to do
Your aunt has claimed the land through succession and filed vaad to transfer the land in her name/mutation. You can submit your objections to the her claim to Tahsildar of Tahsil. It is for you to find out what her intention is by visiting the Tahsildar. But as you said the land is came through grandfather, it ancestral property and the branch of one uncle is entitled to 1/3 share.
The land belonged to your grandfather. The land hasn't been partitioned. Mutation has to be done and for this if the suit has already been filed then you should also appear in the suit and file vakalatnama.
The land belongs to all the children of the grandparents and the grandchildren too.
S. 34 is invoked when a person gets land through transfer. The documents have to be seen in court in order to ascertain the issue that have been raised. She must have filed stating that the land has been transferred to her... a piece of it or the whole land.
You may not show any interest in the ongoing case against your aunt or someone involving the property.
Your father can file a partition suit against your the family of your deceased uncle seeking partition of the properties by metes and bounds and good and bad soil equally with separate possession of his respective share in the properties.
If at all they come out with the details of the pending litigation, you may discuss with your advocate about it and decide whether to participate in the current litigation or to institute your own legal proceedings seeking partition of the properties.
Interest as defined in Section 34 of Code of Civil Procedure reads as: Where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such a rate as the court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit,[ with further interest at such rate not exceeding six percent, per annum as the Court deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit.
It is not understood that suit she has filed and against who.
Without furnishing any details of the case you cannot get a proper opinion from such legal forums.
In my opinion, you may ignore the knowledge of such cases and file a partition suit in the civil court of law and not before the Tehsildar's court or district magistrate court.
You will not get proper justice from them, instead you may better approach legally to this issue through a regular civil court.
Dear Sir,
1) A case under sec 34 of Uttar Pradesh Revenue Code 2006 is filed with respect to transfer and mutation of property by succession.
2)Whether you aunt has seeked mutation with respect to 1/3 or whole property cannot be ascertained from your facts, thus it is for you to find her intention.
3) Then under sec 35 the thesildar issues a proclamation seeking objections to such succession transfer. You have to raise objection if she is seeking to take over whole property
3)Regardless of the above vaad, you should file a partition suit and also injunction against your aunt from creating any third party interest.
4) The family of you passed away uncle is also bound to get 1/3 of the property.
Thank you
