Transfer of ancestral land

gaurav (Querist) 27 February 2014 This query is : Resolved
my ancestal land is to be transfered in uttar pradesh from my father to next descendants. my grandfather's nickname is there in khatauni(diferent from his official name in other records). I gave proofs but its pending at tehsil level.People advice for declaration suit. Whats it and how much approximate time it will take to order. I dont have any opposite party.

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P. Venu

(Expert) 28 February 2014
The descendants can execute a partition deed and register the same.

Rajendra K Goyal (Expert) 28 February 2014
Consult a local lawyer

gaurav (Querist) 28 February 2014
i asked for time limit,does court fee depends on market value in partition deed

Thyagarajan (Expert) 28 February 2014
court fee depend on market value.

T. Kalaiselvan, Advocate (Expert) 01 March 2014
Court fee on partition suit differs from state to state. Time limit is the one which cannot be predicted.

gaurav (Querist) 01 March 2014
somebody told me no court fee in inheritence matters, and whats maximum and minimum time for declaration suti when no opposite party

ajay sethi (Expert) 01 March 2014
lawyer from UP can guide you as to court fees payable ..

prabhakar singh (Expert) 01 March 2014
A declaratory suit in U.P. about agricultural land is filed under section 229-B of U.P.Z.A. Act after serving 2 months NOTICE on GAON-SABHA and STATE,the Court fees payable is less than cost of a cigarette and there is no limitation bar.Your opposite parties would be state and gaon-sabha as defendant and suit would be filed before SDM in whose jurisdiction land situate and not in civil court.

Facts stated do not call for filing of any partition suit.

M V Gupta (Expert) 01 March 2014
The question involved is to prove that the nickname is that of ur grand father and get the real name mutated in the property records. The step taken by you in approaching the Tahasildar's office is correct. Pursue the matter with that Officer who can effect the change in the land records on being satisfied that the nick name is that of ur grand father. Produce before him whatever documentary evidence available such as any other documents in which both the names are occurring and also affidavits of persons who know him for long time.

Guest (Expert) 02 March 2014
Well advised by above Expert Mr.Prabhakar Singh Time Limit may be reduced to 30 days depending on your Advocate and 15 days notice would be sufficient for declaration suit.Consult a Competent Lawyer.

prabhakar singh (Expert) 02 March 2014
The notice i talked about is to be given under section 80 cpc and under UP Panchayat Raj Act and must be of a time of 02 months and the same being statutory cannot be curtailed at all.

Rajendra K Goyal (Expert) 02 March 2014
To the point and useful advise by the expert prabhakar singh ji.

R.V.RAO (Expert) 17 March 2014
well advised by sri prabhakarji and other experts.produce evidence of your grand father's alias names before tahsildar and mutate the real name in records. go for decl. suit before SDM.

gaurav (Querist) 15 June 2014
as mr. gupta and mr. rao advised,producing evidence of granfathers alias names before tehsildar, can it be done normally in his office or it requires filing a case and then producing it on dates alotted in his court

gaurav (Querist) 24 June 2014
no answer for this querry?

M V Gupta (Expert) 24 June 2014
It can be done normally before the Tahasildar in his office.

gaurav (Querist) 02 October 2014
sdm has cancelled last naibs order and sent back. the new naib says he wants new evidences as statements in his court, what if i give notarised affidavits. he doesnt buy it. i dont have any oppsite part other than naibs previos order. the notarised affidavits are certified copies given in sdm court

gaurav (Querist) 17 April 2015
despite sdm cancelling order and directing naib that as per address it seems both names are same and you eastablish after taking evidence, he has kept six month

Transfer of ancestral land

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