Cases of division
The cases of division are not under the jurisdiction of civil court. These are settled by authorized revenue officer – Assistant collector grade one.The division of land can be made by the below methods :
- Family division
- Division by court
Family division :
The way of family division of land is very simple. In this regard, The concerned parties enter into agreement of division and present the same to the concerned patwari who enters the same in the daily dairy/register and gets the signatures/thumb of the concerned
parties and will enter the family division mutation and the area revenue officer after listening the parties will verify the mutation.
Division through court :
The need of division of land through court arises when some parties do not accept the division of land. In that condition, the concerned party gives application under Section 111 of Punjab Land Revenue Act, 1887 in the court of Asstt. Collector grade one
the settlement of which is as per act ‘s chapter IX.
Who can give application for court division?
Any joint owner can give application for division if :
- His share is entered in the last revenue record or
- The right of his share is proved through court degree
- Any widow, who is having possession of undivided share of her husband, can give the application for division.
The copy of last revenue record will be enclosed with the application having the complete entries of that land in it, the division of which is demanded. If there is one owner in different accounts then he can give only one application for all accounts but
if thereof are separate owners in separate accounts then separate application will be filed for every account/khewat. Except this, a separate application will be filed where the parties are having area in two villages.
Method of settlement of court division cases
- The settlement of cases of disputed division is made by the revenue officer having designation not less than Asstt. Collector grade I.
- On filing the application of division, the notice to all other concerned parties is issued.
- In implementation of the notice, the parties can appear in the court and give their replies.
- The Asstt. Collector grade I ,watches the objections first of all and then has to take the decision whether there is any question of right or not.
- If there is any question of ownership then the revenue officer will refuse to accept the application of division till the decision of competent court regarding ownership does not arrive or the revenue officer will take self division regarding ownership
under Land Revenue Act, Section 117 (2) (A)(B) or will take self decision as per the one or second method.
- If there is no question of right,then in that case, the concerned officer will call the area patwari for – Map A regarding share of parties,
- After getting the Map A, there are to take objections and after settlement of objections, the Map A is to be taken.
- After sanction Map A, the mode of division is oftenly done by seeing the spot and the objections of the parties are taken in this regard.
- After consideration the objection regarding division, the division is sanctioned.
- After sanction of Division, demand of Map B is made from the area patwari/kanoongo and the proposal of land under divisions to be given to the parties is made by the kanoongo.
- The objections regarding Map B are demanded and after thoroughly considering the objections the map B is sanctioned and the area kanoongo is written for necessary amendment and after getting amended map, the Map B is sanctioned.
- After sanction of Map B the Map C is demanded from area department and after receiving the same, the same is accepted, if it is as per revenue record.
- After sanction of Map C, on giving the application with stamp by the concerned party, the Asstt. Collector Grade I issues implementation of Division. Then the concerned party, can take the possession of land , got vide division, within 3 years by giving
application and if the application for getting possession is filed within 3 years then the revenue officer has no right to give the possession and in that cases the possession can be got only through civil courts.
- After proceedings of possession, the area patwari enters the mutation of division as per the settled Division. The same is verified by the concerned area revenue officer.
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