Agricultural land dispute
Prakash
(Querist) 17 July 2014
This query is : Resolved
I am from Tamil Nadu, I will explain the problem in more detail, my grandfather and grandmother was a farmer, they bought the land with their own money, further they documented it as both have equal share in the land. They had one son and three daughters, the son (not married) and one daughter (my mother) died long back. One daughter lives on the same village and another daughter far away and both are married. My grandparents gave their land document as a security for my education loan and I rapaid the loan, gave back the documents. Soon after my education, I started to take care of them financially and they stopped working in the field, three years back my grandfather got mentally and physically ill and I took him to the hospital. The doctors said he is mentally ill (got afraid of every sound and every one) and also he has kidney problem. We are taking medicines regularly.
The problem arrived recently; the daughter living in the same village took him for 10 days in her home and secretly registers the land and home in her name(Settlements as father giving to daughter). Now he is back to his home and we heard about it from friends. We caught shocked, me and his another daughter helping them both financially and morally. Moreover he is mentally ill, how she can take him and register the land of his share? We still have all the original documents with us and including his medical certificates. We confirmed it in registration office about the registration of the land. She is not the kind of person we can talk and solve the problem. Moreover my grandfather not aware of this issues so far. Please kindly advise me how to legally solve this problem and how to cancel the land settlement?
Thank you in advance for your help
P. Venu
(Expert) 17 July 2014
Is your grandmother a party to the settlement? Anyhow, you can a file a suit for declaring the deed void.
ajay sethi
(Expert) 17 July 2014
if you have evidence that your grand father is mentally ill move court challenging the deed of settlement made by grand father . enclose copy of medical certificates
Prakash
(Querist) 17 July 2014
Thanks for the reply.
My grandmother is not in the party to the settlement.Is there any way we can cancel the settlement in Registration office without going to court first(of course if that option is not available, then we can go to court). Since the the settlement was done month ago.
T. Kalaiselvan, Advocate
(Expert) 17 July 2014
Having registered the settlement deed, there is no other option than to approach a court of law to declare it as null and void or invalid due to ill mental health of yur grandfather. However,at this stage, as a grandson, you cannot file a cancellation suit because you do not have any right to any share in the property, it is only your grandmother, who is a joint owner and also being wife of mentally ill husband, can file a suit on behalf of your grandfather, but for that she has to first file a MHOP to declare him mentally ill and then guardian OP to be his legal guardian and after that in that capacity she can file a suit for cancellation of the so called fraudulently registered settlement deed by your aunty. Consult a local lawyer and take his further advise.
Prakash
(Querist) 24 July 2014
Thanks for the guidance. we have canceled it in the registration office itself and got new document for that cancelation. Regarding court we might approach the court if my aunty goes further..
