Claim on award
Ravi
(Querist) 01 December 2015
This query is : Resolved
Hello Sirs/Madams:
My grandfather died without doing any will. After his death my relatives without my knowledge put my step mother's name as heir for my dead father's share. I got to know the situation only after 12 years (heirs name were registered on 7/12 in 2003) as Government had announced award against a piece of land gone for National Highway. When I came to know about this, I put a complaint to the Bhusampadan Office/Collector stating that I have also share in the property and not to release the money. This was done in January 2015. Despite this complaint, the heirs got the money in March 2015. After this my lawyer suggested to put a fraud case as our complaint was not addressed. Recently that case was dismissed, which stated as there was no name of the complainant in the 7/12, the case cannot stand.
My query is, was our approach towards the case was wrong? Is there any other provision where I can claim for the share in award?
Simultaneously, I had applied for heir certificate, as I was born and brought up in another state.
Kindly guide me in my issue as to what should be the correct way to get my name put in the property (I am the lone son for my mother that is first wife of my father. The second marriage was done while she was still alive. Stepmother has 2 kids, a duaghter and a son) and can I still apply for the share awarded by the Government.
Thanking you.
Ravi
adv.bharat @ PUNE
(Expert) 29 December 2016
U can file suit for part ion of the property and possession of the property.
Rajendra K Goyal
(Expert) 29 December 2016
Without knowing full case details / material facts/ related documents / orders and case file, nothing can be advised.
Discuss with local lawyer.
