Coparcenary agricultural land
Vinesh K Chhaya
(Querist) 06 October 2011
This query is : Resolved
My client is only one Male of Hindu devided family heir in Gujarat Amongst 7 female heirs of died Farmer A. all 7 females got married in presence of "A". "A" had distributed share of all Heirs in his existace muturally understanding but without any written agreement or receipt (No evidence of Distribution of share). The Agriculture Land Went to share of Male Heir and 7 females got 1 lakh rs. each as share.
After the death of "A" one of the female heir died. The male heir started the legal procedure to put his entry in Revenue Records. That time the husband of died female heir sought his objections against the procedure on before Revenue Authority So Revenue Authority ordered all 8 names(1 male heir and 7 female heir)to be enter in revenue record. The appeal against this order is running on before revenue authority (Dy. Collector)
Now I want to know in this situation Which type of civil suit i will have to lodge to decide the heir and through which way i have to prey relief in suit?
Will i have to demand heirship certificate?, Administration letter or other type of suit to be file?
kuldeep kumar
(Expert) 06 October 2011
factual score of ur case states that its a family arrangement and husband of female is wrong in as much as he sought objections before revenue authority.declaratory suit should be filed in my observance to get title decided.
prabhakar singh
(Expert) 06 October 2011
neither there is any will nor any relinquish deed; not even proof of payment,then any frame of a suit even thought of would be too weak to prosecute.
One question,what is the position of other six sisters???
Are they in favor and would admit to have taken 1 lakh each in lieu of their share??
Revert back with answer.
Vinesh K Chhaya
(Querist) 06 October 2011
@ Prabhakarsingh : Yes all six sisters are in favour of The Brother and agree to admit on oath
Vinesh K Chhaya
(Querist) 20 November 2011
@ Prabhakarsingh : Yes all six sisters are in favour of The Brother and agree to admit on oath....What type of suit should be filed? Heirship certificate and administrative letter through CMA or declaratory suit for title or go through specific performance act?
