Joint commissioner ilegal order.
Querist :
Anonymous
(Querist) 07 August 2021
This query is : Resolved
Hello experts.
Now land is on my grandfather name.
1-a lady came after 35 year claiming to be great grandfather daughter and grandfather sister.
2.great grandfather died before 1956 ,in 1962 ASO order exclusively to record the land in the name of my grandfather.
3-that lady went to the civil senior division and but didn't submit the evidence,court declare her defaulter.
4- again went to junior division and became defaulter again.
5-after that he manages to obtain a death certificate and legal heir ,where she mentioned the death of my great grandfather is 1971.went to the joint commissioner,joint commissioner ordered to record her name in the property.
6-we went to the high court,high court ordered a fact finding report to be prepared by tahsildar and submit that report to joint commissioner,acc to that report decision should be taken.
7-in fact finding report it is found that my great grandfather died before 1956 and ASO order which was in 1962 to record my grandfather name contradict the 1971 death certificate, and for the sake of argument as she is a preact lady ,her name cannot be included after a long span of 35 year.
7-but joint commissioner avoiding all these facts again order to record the name of that lady.
We again went for the high court and high court judge is biased without understanding the fact saying us to go for a amicable settlement.please share your opinion.
kavksatyanarayana
(Expert) 07 August 2021
In my view, the HC never issue such an order(amicable settlement). If the party approached the court, a judgment/decree will be issued on the merits of the case.
Querist :
Anonymous
(Querist) 07 August 2021
High doesn't issue an order ,it simply said our lawyer try for a amicable settlement
Querist :
Anonymous
(Querist) 08 August 2021
Please tell me what to do in this situation?
Dr J C Vashista
(Expert) 09 August 2021
It would be better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
P. Venu
(Expert) 09 August 2021
Was the grandfather the only legal heir to the great grandfather? Is it within the knowledge of the relatives or other local persons that the grandfather had a sister who went missing?
