Unregistered Partition Deed in 20 Rupees Stamp paper - Layer advicing to file a Complaint to S.P
Kannan Kandasamy
(Querist) 29 October 2010
This query is : Resolved
Dear Sirs
I met a Layer through our neighbor and he is telling that using the copies of the Documents of your Uncles transferring our Grand Father's properties to their Sons/Wife name, we can file a Complaint to the Superintendent of Police,Thirunelveli. The our complaint will be forwarded to Crime Department and they will forward the same to the Dhasildar, and then through the Dhasildar a Surveyor will be appointed and he will measure all the property and will divide the same into 3 equal shares.
The Layer is also saying that the Partition can be done very quickly in this way (either within 6 - 10 months)instead of filing a Partition Suit in the Court.
My doubt is whether there is any provision like this?
Please give me the correct answer in this regard, whether it is possible or not and also whether there is any provision like this or not?
Any help in this regard will be very much helpful.
Thanks in advance
K.Kannan
s.subramanian
(Expert) 29 October 2010
The police cannot do much in the matter. On the other hand they would complicate the issue. Hence the only proper course for you to get remedy is to file a partition suit. You need not sidetrack the issue to police which would be a sheer waste of time.
Kannan Kandasamy
(Querist) 01 November 2010
Dear Sir,
Thank you for your advice.
As you said the Police cannot do much in Civil matter.
But in our case, Our Grandfather left a registered WILL saying that all his properties,cash,jewels,etc.. to be divided equally in favor of his 3 sons only & nothing for his daughter.
But one Uncle had transferred 1/3rd of our shares also to their Sons & another Uncle had transferred 1/3rd of our shares also to his wife's name.
My doubt is :-
1.Is this property transfer a Forgery or not?
(Because partition is not done properly and is in dispute till now - already I filed a complaint through S.P office & in local station they advised
to sit with your senior family members & try to solve the problem within yourself or else
asked to go to court, because as per the WILL the property must be divided into 3 equal shares only as per law)
But after that only they had registered almost all properties in favor of theirs sons,wife's name
2.Is there any way to file a Crime/Forgery complaint against them?
Sir please clear my doubts and assist me in taking Crime action against them.
As they were doing like this I started occupying 1/3 rd part of Grandpas few properties by myself in 3 survey numbers.
For that I took a Surveyor and ask him to measure the whole property & divide it into 3 parts (based on either South or West for the Eldest,next for second,etc... as per the unwritten law which is being followed by generation to generation)
3.Can i keep on doing like this - ie. taking our 1/3rd part even though they registered it in someones name. If they gave any complaint to Police Station, I'm ready to meet and as we are not doing anything against law even the police also know that what we are doing in not wrong .
Expecting you Experts reply
Thanks in advance.
Regards
K.Kannan
+91-9489622056
Sri Vijayan.A
(Expert) 04 November 2010
1. Send Notice
2. File Suit
3. Dont go for Police
4. Revenue people (Tahsildar,Collector, Surveyor, VAO) wont do anything in this regard.
So consult a good lawyer in Thirunelveli
