Upgrad LLM

dhana settlement problem


Hi sir my name is sasikumar My grandfather has 3 sons including my father , my grandfather father had given dhana settlement to my father.. my grandfather 3rd son now asking he wants share in that for that he is fighting with us. He file petition in collector office and the petition was received by jurisdiction police station the police called my father to get sign along with my grandfather sign in that document . Words are mentioned in that petition is my father got signature in the settlement by Bullying of my grandfather . But actually my grandfather father was put sign his Preferential only. In this regard what will be the judgement will come from the court can you please give me solution for this problem
 
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Advocate

"He file petition in collector office and the petition was received by jurisdiction police station the police called my father to get sign along with my grandfather sign in that document . Words are mentioned in that petition is my father got signature in the settlement by Bullying of my grandfather ".

The facts are less than convincing. The ploice have no authority interfere in a civil dispute, even if any. In Kerala, the Police officials are well aware of their limitations as to jurisdiction in a civil dispute. 

If the facts, in deed, are true, bring the matter to the notice of the higher authorities, including the District Collector as well the Police Complaint Authority.


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Retired employee.

Was the transaction concerned with harassment of Senior citizens and such petition if any before Collector also?

 
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thank your for your valable feed back. 

he filed  filed petition against the dahana settlement hence my father can do use that land for agri purpose?

if my grandfather will die meas what will be the case sollution ?

 
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Retired employee.

First stop worrying.  If the signatures are genuine and the process is legal there is nothing to be feared.  The purpose is not only for the last rites but those associated with all the future religious formalities required for the eternal journey to him and to his ancestors.  During olden times the Karta or the elder son has to spend lot of money for these religious rites (Now more than 2 lakhs per person) , Samvatsarika and AABDHIKA for parents.  He used to get equal share only with all his siblings.  To correct such disparity as the responsibilities of elder son or Karta (death rites performer) is more, the elders used to give an extra benefit.

 
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Dear sir Also Since that patta not yet changed to my father nmi from my grandfather name.
 
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Retired employee.

First contact a good local advocate and inform facts and show him documents.

If the deed is registered, mutation or no mutation never matters.

Mutation only is an evidence that  such and such is in physical possession.

Mutation neither gives title to property or takes away the rights of property.

It helps in arriving at possession and enjoyment on record.

Some times having such mutation in your father's name helps to claim adverse possession.

Who is in actual possession as on date ?  Was the document registered ?  Was it obtained in just and proper manner ?

 
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Dear Sir,

Yes as on date the property is in my grandfather name only befor that the property was registered in my grandfather fathers name.

Yes the property was obtained in properway only.

And while registerd the property in my father name we did not get my father brothers signature is that any problem?

 

 
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Retired employee.

When the land was gifted by your grandfather to your father, why the father's brother's signature is required, when the deed was for obligation of performing religious rites .  Stop worrying and contact the advocate when you face the problem only.  At the cost of repetition if the document is obtained in proper way, you never need to worry.

 
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