Concealing real fact

Is it the same query:

https://www.lawyersclubindia.com/experts/Concealing-true-facts-624366.asp

I wish to know the answers of the below queries, prior to make any propositions.

Is there is any will of the father that says, that property will belong to A after his death?

Is there is any written agreement that says, A will distribute the amount to B & C?

Other brothers can move the Court to get the share. Entry in  the revenue records need not amount to title.

@ Ekta !  & @ Venu Sir !,  neither their is will nor any agreement.

Problem is record correction proceeding and title suit is very lengthy proceeding. My query is,  whether this act is covered as an offence under IPC that i may file criminal complaint ?

I think, this senario attract Sec 405 IPC (Criminal Breach of Trust).

Not so sure.

You have posted that:


"There are three brothers ABC. After death of their father, due to mistake in mutation proceeding, name of two brothers B, C.left unrecorded.
"


What is this 'mutation proceeding'?

It is believed that deceased owner was Hindu.

Confirm!


Usually in case of inheritance the requisite documents are death certificate,legal heir certificate.......



What was submitted;legal heir certificate or an affidavit?

What was improper in the proceedings by Land acquisition officer?

All facts may be pooled and parties to the dispute be decided.

A is positivley commitig breach, as per limited facts shared in query.

Land acquisition Act contain specific provisions to deal with such situations.

You have posted that:

"Land acquisition officer paid the compensation to A only."

Expert Mr. P.Venu has appropriated:

"Land acquisition Act contain specific provisions to deal with such situations.  

@ Kumar Doab Sir & Venu Sir. thanks a lot for guidance.

Here at Uttaranchal Lekhpal suomotto starts the mutation in the name of heirs, as soon as he receives the information of death, in his jurisdition. Here the matter is different, beacuse mistake was done by settlement officer in 1962. Due to their mistake only A's name was entered and B&C were left. But this fact was purely within the knowledge if A.

Venu Sir I could not find provision in land acquisition proceeding. plz suggest.

@ Ekta thanks for contributing here. I think 403 IPC would be better but not confident unless adviced by seniours.

You have posted that:

"Here at Uttaranchal Lekhpal suomotto starts the mutation in the name of heirs, as soon as he receives the information of death, in his jurisdition. 

Thus the names of all legal heirs ( per inheritance/succession) shall be enterd in mutation record.

This record is captured.

"Here the matter is different, beacuse mistake was done by settlement officer in 1962. Due to their mistake only A's name was entered and B&C were left. 

How can settlement officer err with mutation records?

B,C are not at fault.

Settlement officer seems to be party.

From the facts stated, it appears that the land was acquired under the provisions of the Land Acquisition Act, 1894. As such remedy could be sought under Section 30.

30. Dispute as to apportionment

When the amount of compensation has been settled under Section 11, it any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the court.

Mr. Venu has shared the desired input with you.

A lot of thanks to all members for their helping hand.

You are welcome.