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Mutation--Non co-operation of Family member ,half way?

(Querist) 28 December 2008 This query is : Resolved 
Family member"X" agrees for a settlement with "Y". As per agreed terms the "Y", applied for the Mutation. During the process"X", retracted/ not co-operating for the process to continue. On the request of "Y", the Revenue Authorities to served a notice on "X". The following reply is given by "X":

(This reply is given by "X", One day prior to due date of Hearing)

"With reference to your above referred notice on the basis of alleged claim for succession by"Y".I am to state that the application of "Y",if any,filed by her is not sent along with notice to enable me to give a reply. You are supposed to send a copy of her claim petition along with notice. In the schedule typed in the notice, the basis of the claim is not mentioned.

We request you to give a copy of petition to enable us to reply.

Thanking you Yours faithfully,

sd/- by"Z"***
( "X") "
*** Note: Here the letter is sighed by, Son of "X".
********* ****** ******* *****

Under above condition, what should be the action, to be taken by "Y"/Revenue Authorities?

Kindly Member of Lawyer forum,with Revenue Knowledge to help me in the matter please.:
Guest (Expert) 29 December 2008
the documents sought by X have to be supplied by Y through the revenue authorities because even in quasi judicial functions, like judicial functions, principles of natural justice are applicable and one of the rules of these principles is that the opposite party shall be given all the required documents, so that he can prepare his defence. You have to find out that X's son is authorized by X to sign and send the letters on behalf of X.
If the settlement mentioned by you is written one, Y need not to bother.
samudra (Querist) 30 December 2008
Prabhakar Garu,

Thank you very much.

Giving the documents to "X", is not a problem.Because one of the Document submitted to Revenue authorities is sighed by "X" himself.Here "X", just wants to waste time,which he is doing for last 5 months.

The person who has sighed("X" Son),has not given any authorization letter to Revenue people.Hence, can we treat that"X" has replied/ requested for the information( The said letter was written 2days prior,to the date of Hearing fixed by Revenue authorities.)

The problem here is, The settlement is Oral!

samudra (Querist) 02 January 2009
Hello Friends!


Can some one enlightens me further in the matter please!
samudra (Querist) 18 January 2009
Hello Friends,

Mr. 'X' had written one more letter saying "He got a letter issued by MRO as sole legal Heir to the property",long back in the year 2003.
And he also says, will is written on his & his sons name,by our father(The property is Ancestral,and our Father had died, in the year 2003).

Now,the Revenue authorities says they cannot take any decision on the above matter and asking me to approach the Civil court.

I request the Enlightened FORUM members to Kindly help me solving (The Way to) this problem.Can i challenge the letter of MRO,since they have not informed me (One of Legal HEIR).

Need Solution Urgently PLEASE...

with regards...
Jithendra.H.J (Expert) 09 February 2009
the revenue authorities shuold demand for production of the will, if he really produces the will, the revenue courts jurisdictin will be barred b'coz they not having authority to decide the geniunnes of the will, after production of the will in the revenue court, you may appraoch the civl court for partition, declaration and also while the case is pending before the revenue court you can approach the civil court. it is purely a civil dispute
samudra (Querist) 09 February 2009
Dear Jithendra,

Thank you very much.Can i approach Family court? or Lok adalat? If i approach Civil court what will be the time taken, and cost involved?

With regards...
sanjeev murthy desai (Expert) 25 February 2009
It is depend upon court and parties interest.

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