Dhana settlement for sold land
praveen
(Querist) 20 February 2015
This query is : Resolved
Sir,
My grandfather have 5 sons including my father,he have gave his agricultural land into 5 equal part to his sons in 1998.After that in 2003 my father have bought his younger brother share completely.But my father haven't took complete position of the entire land.Some year later my father younger brother who was sold his entire share land to my father have gave dhana settlement to another brother for the portion of land which we doesn't have position.Is it possible to give dhana settlement for the sold land.After that we filed complaint to thasildar and RDO via CM special cell ,BY RDO order the sold younger brother have cancelled the dhana settlement document and surrender to us.But the elder one who have the position doesn't allowing us to take position and filed civil case and making trouble with respect to check panthi like that.What to do sir,whether case will be favour for us or its not possible to cancel that dhana settlement documents sir,please suggest me
Dr J C Vashista
(Expert) 22 February 2015
There are certain local connotations in the query which can be understood, analysed and opined by a local lawyer. Moreover, where do your father stand in the seniority among his brothers has not been specified. Besides this, prima facie it is a case of cheated by the younger brother of your father who have sold and made "dhana settlement" for the same portion of land, as stated by you, isn't it? However, I guess from the word "position" used by you stand for "possession", is it?
Contact, consult and engage a local lawyer for proper analysis, opinion and guidance/advise.
T. Kalaiselvan, Advocate 
(Expert) 22 February 2015
You have not stated that whether your fathers brother sold his share of property to your father by executing a registered sale deed?,
Whether the subsequent Dhana settlement deed was a registered deed or unregistered one?
What is RDO doing here to cancel the registered dhana settlement deed?, only the registrar can do it by following the procedures meant for it, clarification required,
If your fathers another brother filed a civil suit disputing the boundary issue (Check boundary), what is the status of the case, what is your lawyers opinion, without knowing the case details, it will be difficult to give an opinion in that regard too.
Your query is devoid of details, you may answer the questions raised if you want to have a proper opinion.
Rajendra K Goyal
(Expert) 23 February 2015
Consult local lawyer and discuss all aspects.
praveen
(Querist) 23 February 2015
Respected Sir,
Thanks for your kind response,let me detail the case status.
1)Rajarathinam
2)Rajendiran
3)Rajagam (selvam who gave dhana settlement)
4)Sundaram (My father)
5)Selvam (Sold his entire land to my father)
Yes its a register sales deed made by him.
Yes the subsequent Dhana settlement also a register deed.
here RDO has instructed selvam to cancel the dhana settlement deed via rigestrar and hand over the cancelled document to us.But Rajagam have filed an civil dispute case and made made another registration to his wife for the same land.
case status: after several vaayuthas ,we have survied the land with commissioner of court and he have gave report has the rajagam has extra land in his possesion,then next vayutha is 27th feb 2015.whether we will get the justice in our favour. is it possible to make dhana settlement deed for a sold land.There is some issue in our document it seems that is the boundary point mentioned is not matching with the current land sketch(land next to the road but the land cross over the road it seems because the time they made doucument the road is like single road (otha adi pathai) but now we made 10 feet road)
