EXPERT KINDLY ADVISE

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved
Dear Sir

Situation is like: - (A) took a land from a temple trust in west Bengal on leased for 999 years without registration. A died leaving his wife (B), & three sons (C), (D) & (E). After few years without knlowdge of (C) keeping some part of said leased land for him, (B), (D) & (E) approached to temple trust & made a new 999 years leased deed for registered in name of (E). At present old unregistered leased document of late (A) is not available with son (C). Now how Mr. (C) will proceed to get some records of old leased documents from temple trust to established his proper share in his father (A)‘s leased land.
kINDLY ADVISE HOW MR.(C) WILL PROCEED TO GET HIS SHARE IF TEMPLE TRUST DENIED TO GIVE ANY DOCUMENTS ON PRIVIOUS LEASE OF MR (A) TO MR (C).

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niranjan (Expert) 09 December 2010
It is necessary to know what type of land it is.You have to find out from the property register from respective authorities as to how it was entered in the name of A.And whether after A expired whether his heirs were entered in the register.If it is city land,you can enquiry with the city survey.At the time of entering name of A some documents must have been placed before the authority.You can also enquire with the Trust office if it is registered trust.

Devajyoti Barman (Expert) 09 December 2010
C should immediately file a suit for declaration of hmself as a lessee of that debutter land. In which district or city the land is situated?

s.subramanian (Expert) 10 December 2010
In view of the lease having been granted to E and registered in his name,it will be a futile exercise to file any suit for declaration etc. When the trust owns the lands,what is the share you can claim in them even without any valid document to support your so called claim of tenancy? It is better to enter into some kind of amicable settlement with your brothers to get some part of the property.

Querist : Anonymous (Querist) 10 December 2010
To
Mr. Devajyoti Barman
Dear Sir
The said land in under BLRO Santipur DT. Nadia WB. After the death of Mr.(A) & till registered the new leased in name of Mr.(E) the said land was in the name of the said temple trust & no mutation registered in the name Mr (A) with local municipality.But that residential land was in prossion with Mr.(A). The copy of old non registered leased is either lost or missplaced. After death of Mr,(A) a little part of said land was kept for Mr (C) & remaining land was made registered leased to the name of Mr (E) with knlowdge of Mrs (B) & Mr(D). Kindly advise how Mr(C) will proceed to get his proper share from his father's leased land.

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