Intestate property

Kumar Pillai (Querist) 04 December 2015 This query is : Resolved
We have an intestate ancestral property. Unfortunately the deed is lost. To get a new legal document issued by the Tahsildar in collect-orate office, a joint heir-ship certificate application has already been filed. But due to the non availability of some of the dates, there is a delay.

In the mean time, one of the legal heirs Plans to arrange a 'Tribunal' and serve notice to all other legal heirs to jointly sign an affidavit so as to obtain a deed directly from the authorities?
My queries are:
Is such a procedure of 'Tribunal' valid?

Can such a tribunal enforce all the other legal heirs to accept his/her decision?

Can the 'Tribunal' ensure a decree bound by law that such a document once singed by all heirs ensures that all heirs have equal rights on the property and its belongings? OR can the person who is arranging the 'Tribunal' play tricks after getting the signatures from all legal heirs to his own favour.
I would appreciate an answer from the legal eyes.
Regards
Kumar Pillai

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Kumar Doab (Expert) 04 December 2015
It might at the best be a MOU.

Guest (Expert) 04 December 2015
Go for succession certificate in Joint name for quick results. Or go for division suit along with other properties movable and immovable. If all of you are united it wont take more time but still 1 year may take.

Agriculture land is tricky including ancestral property. You may be asked to publish details

kavksatyanarayana (Expert) 05 December 2015
Author, apply in a court of law for division of ancestral property among all legal heirs.

Kumar Pillai (Querist) 07 December 2015
Again the question is Can a Tribunal entrusted by one of the heirs can be unbiased in getting a proper and MOPU for partition?' Has is such powers to instruct the local Collectorate/ Taluk office to issue the necessary land document in the name of all the legal heirs?

Kumar Doab (Expert) 07 December 2015
Which such tribunal you are talking about?

The successors may apply for certified copy of mutation records/deed.

Amicable family settlement deed (equal share of all legal heirs without any bias or as deemed fit to one and all)duly registered is on of the options.

Or file for partition suit in court. Court shall partition the property.

Kumar Pillai (Querist) 07 December 2015
Thanks. That was the answer I was looking for. '"Which Tribunal". A split group within the legal heirs whom the rest of the heirs suspect to have a hidden agenda of getting a document signed by all, has initiated a plan that a 'Tribunal' will be arranged who will sent notice to all others to jointly sign a document.
My main worry is whether this 'Tribunal' is a legitimate procedure to obtain deed papers from authorities? Can their installed Tribunal be biased or with any powers?

Rajendra K Goyal (Expert) 07 December 2015
Agree with the expert Kumar Doab.

Kumar Doab (Expert) 07 December 2015

The query has been discussed in detail and nothing more is left to add atleast by me.

You may approach an able counsel and discuss in person.

Your able counsel can advise you in detail about everything that you have in mind.