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(Guest)

Mutaiton - records forgery -

hello, we are 2 daughter and 1 brother. me and my sister are married and not in great relation wtih my brother after his marrige. my brother was living wtih my parents.both my parents hav recenlty passed away. we are a hindu family and these are ancestral properties n trichy.

the word in the family was that we all will get a share on the propety after the parents demise.. no will or settlement deed as such though. the property s in a suburban and we could see that my brother had all records mutated to his name at panchayat level for the last 10 years thought there is no deed regsitered at registrat office as such. while i consider going for a parittion suit case, can i initiate a forgery complaint for this mutation or does it even considered as a forgery in this case?



Learning

 11 Replies

A.Radha Sampath (Advocate)     22 December 2017

You can file a partition suit after issuing legal notice to your brother for the same. Regarding forgery, it all depends upon the evidence presented by each to make the court believe. You can also fight against the forgery done by your brother and more over, any settlement or agreement to forego ancestral property needs to be registered. Hence this can be of a useful tip to yo

Kumar Doab (FIN)     22 December 2017

You have posted that;

“both my parents hav recenlty passed away.”

It is guessed that it is after year 2005.

 

Isn't it!

Kumar Doab (FIN)     22 December 2017

If yes you should have equals share in not only immovable property but whole estate left un-disposd, by your deceased parents.

The properties were originally in whose name; Mother of Father?

How do you term the properties as ancestral?

Parental property may not be necessarily ancestral!

1st thing 1st; Obtain mutation records with all link docs from O/o under whose jurisdiction immovable property falls. This shall help to ascertain on what grounds/on strength of which document the property is mutated in the name of your brother.

In case the property is not ancestral and was self acquired in the hands of your father and your father has disposed IT in his lifetime by a valid/registered deed in your brother’s favor then the mutations may be valid. IN case IT was not disposed by a valid/registered deed in your brother’s favor as Co-sharer you have your share intact. You can contest the mutations.

 

In case the property is ancestral and was not self acquired in the hands of your father and your father could not dispose more than his share in IT, in his lifetime by a valid/registered deed, and as Co-sharer you have your share intact.

Kumar Doab (FIN)     22 December 2017

Property from mother’s side is not ancestral.

In case IT was self acquired/absolute in the hands of your father and your mother has disposed IT in his lifetime by a valid/registered deed in your brother’s favor then the mutations may be valid. IN case IT was not disposed by a valid/registered deed in your brother’s favor as Co-sharer you have your share intact. You can contest the mutations.


(Guest)

thanks for all the replies and kind nature to assit.

father passed in 2016 and within few months ,mother had passed away. so it is after 2005. i say these are ancestral , because my father got 50% of the prop from his father and he self acquired the rest 50%. since my father being only son to my grandfather, the records doesnt seem to be officially mutuated and my father was had continue to enjoy the possession as such by paying property tax.

the info we had is that the my brother got the mutation done using the settlemnt deed from my mother in those few months and not sure how that if feasible but the facts that revenue records are missing or not clear put several questions unanswerdd and doesnt give a solid hope to move forward with filing a partition suit case which requird all suit property details to be disclosed.

Kumar Doab (FIN)     23 December 2017

In your 1st post (a day ago) you have mentioned that there is NO WILL or settlement…..NO deed registered in Registrar Office..!

Subsequent to my last post (a day ago), you have confirmed about settlement deed.

You could have posted about said settlement deed by mother in favor of son in your 1st post itself.

Hope the said settlement deed is registered.

Confirm!

Kumar Doab (FIN)     23 December 2017

 

Ancestral Property; It should be four generation old i.e. property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter…

 

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

 

 

Kumar Doab (FIN)     23 December 2017

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly (including yours) and see how come whole property gets  vested in sons name (your brother) alone.

Kumar Doab (FIN)     23 December 2017

 

 

If it said settlement deed is valid/registered deed (as in your last post) has surfaced then which property(ies)/estate is settled in it; the whole property that was originally in the name of grandfather then in  the name of his son (father)…. ?

 

Your mother can settle only that property/estate; that she owns or whose title is in her name!

If mutations record is updated on the strength of valid/registered settlement deed by owner/settler (mother) in favor of settlee (son)….then the concerned authority under whose jurisdiction property falls say; MC seems to have not faulted.

The property that was 1st purchased/acquired by Grandfather may not necessarily be ancestral. If it was 1st bought by grandfather then it may not be ancestral.

The property that devolves by inheritance is of nature self acquired.

If it was self acquired property of grandfather and devolved upon his son after his death i.e. your father then it could be self acquired in the hands of your father.

Kumar Doab (FIN)     23 December 2017

 

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; ‘Inestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The legal heirs are to check locally and comply with procedure.

After satisfaction of procedure the authority shall update the mutations and legal heirs shall be owner by inheritance ( Virasat Ka Intkaal).

If any legal heir has disposed his/her share by valid/registered deed to other then the beneficiary shall once again approach the authority for updations in mutations record. The authority shall add the share of say; settler in share of settlee.

The share of other legal heirs remains intact. So your share should be intact.

This has also been posted in my 2nd post.

Kumar Doab (FIN)     23 December 2017

Get mutations records along with all link docs that shows property mutated in the name of your brother and find out which property (other than his share) is mutated in his name and on the strength of which document. This should clear the facts or faults for you to proceed further.

Your share should be intact until or unless the original owner say; grandfather has not disposed the whole property owned by him by a valid/registered deed say WILL/Settlement deed , in favor of his son (your father) alone

and likewise his son (your father) has not disposed the whole property owned by her by a valid/registered deed say WILL/Settlement deed , in favor of her son (your brother) alone

 

Beyond this you need to post full facts if otherwise are different than already posted by you and responded in this thread.

Subsequent to your last post; would you clarify if you are the affected daughter or a legally qualified or lawyer of affected daughter.

 

I don’t mind responding to a querist/legally qualified person/lawyer, as per my limited understanding.


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