Regarding family deed settlement
sankesh
(Querist) 21 August 2016
This query is : Resolved
Respected Experts ,
This is to ask you that there was a land in uttarpradesh on the name of two holders but 1st holder was smart enough so he took the second holder and as 2nd holder was illiterate second holder signed on the family settlement deed(SULAH NAMA)of Rupees 20 as prepared by first holder indicating that " second holder is agreeing that a whole land on both the name is divided partly and even direction of the land partition was decided by the 1st holder". But after few years when family of 2nd holder came to knew this type of fraud they made registration of the part land I.e 1/2 share in the name of his son and the entire land wad 5 nigah .
So my question is that family settlement deed (Sulah Nama) of Rupees 20 for land of 2.5 bigah in uttarpradesh state is appropriate and if appropriate then can it be challenged in revenue court
OR
Registration of the land done by second party who paid revenue somewhat about 100000 in tehsil and registered in the name of his son
Case is of Uttarpradesh Zamindari abolition act
S0 who will be winner ?
sankesh
(Querist) 21 August 2016
Issue is of direction of partition ?It should be considered? As important factor and even validity of Rupees 20 stan paper fir bigah land in uttarpradesh east
And land is agricultural land in rural are
sankesh
(Querist) 21 August 2016
Issue is of direction of partition ?It should be considered? As important factor and even validity of Rupees 20 stamp paper for five(5) bigah land in uttarpradesh east
And land is agricultural land in rural are
sankesh
(Querist) 22 August 2016
Hi pedals please respond as your response is considerable
sankesh
(Querist) 22 August 2016
Sorry pedals not pedals typographical error
Ms.Usha Kapoor
(Expert) 23 August 2016
Dear Client
if a particular instrument or deed is obtained by fraud coercion undue influence and misrepresentation etc the innocent party can rescind the the family settlement deed as it is voidable only civil courts and not consolidation or revenue courts have jurisdiction to decide the case. Here the victim of fraud the illiterate joint holder of family settlement deed should apply for cancellation of family settlement deed and agitate for his rights in a civil court. To prove his bonafides the illiterate father who is 2 nd party to the fraudulent settlement deed on coming to know the fraud played by the other registered the 1/2 share of his land by paying Rs.. 100000 to the revenue authorities and got it registered and also transferred the property in son' name. .Definitely HE WOULD WIN.,
Rajendra K Goyal
(Expert) 25 August 2016
It seems that the sulahnama was not registered, may have have negligible value before law.
Second party may file case for partition.
