Can tehsildaar deny court order for partition of property

546 votes

Question: My mother has 3 sisters including her and 3 brothers, my grandfather died in 1990 and he had some ancestral property for which he has not done any will. My mother has filed a case in SDM Office for the equal share of property in katni (MP). Now we have won the cases from katni, jabalpur and Gwalior.. And the property has been transfered to my mother's name in December 2014, after that the tehsildaar of that office was changed, now from past 1 year the tehsildaar is not doing partition. My most important question is that can he decline the case now? Please help

opinion:
After the Tehsildar's order was challenged and merged by the order of Board of Revenue of Gwalior, the Tehsildar has no power or authority to not mutate the property in your mother's name. Tehsildar is acting contrary to law and your mother can challenge his inaction by filing a Writ Petition in the High Court. HC will direct the tehsildar to comply the orders of Jabalpur and Gwalior Courts. We handle such cases and may help you in conducting the Writ Petition at HC.

Thanks
Raghvendra Singh Raghuvanshi
Advocate-High Court of MP-Indore
Partner-Raghuvanshi Vaidya & Partners (Advocates & Legal Consultants)

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