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Mohan Kumar   04 September 2020

Family property inheritance disputes

Good day. This is a dispute between my father and my father's brother. In 1987 my grand father writes a settlement deed for both my father and uncle about 6 acre property ( 3 acres each). He also writes another 1 acre property on his father's name (my great grandfather's name).

There was a problem with that deed that it mentioned the property's column number incorrectly. Instead of 211, they put 217. My father still has this settlement deed original papers of this entire registration.

Great grand father expires later in 2000. My grand father expires in 2020 January. During 2019, grand father wanted to (directly or by force) give everything to my uncle. Without letting us know, they took the matters to a lawyer and advertised in news papers falsely as if my grand father was going some place and misplaced the property originals. Also they applied for a copy of the property documents from registrar with the falsified FIR complaint copy. Once they get it, they somehow falsify the details of 1987 settlement deed information and register the entire land in my uncle's name and his son's name. 

Now my questions are;

1. Will  the 1987 settlement deed still be valid? If yes, I believe we need to apply for a correction to the correct Column number. Is my assumption right?

2. If we take this matter to Honorable Court, how will the court see this matter? Will it consider this entire thing as falsified and ask us to share the property equally or will it think about my grand father's intention of giving his own share to my uncle and give my great grand father's share to my uncle? 

3. If court accepts this case, during investigation, who would have the right to use the property? Or both of us should stay away from it until the verdict comes?

Please clarify. I would greatly appreciate your time and thoughts in this matter.



Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     04 September 2020

Immediately contact a local advocate as many issues are to be seen like possession and enjoyment, mutation, treatment of such issue in the past etc.,  No one can assume or presume things in litigation, and every fact must be taken as appearing in documentary evidence.  A mere wrong mention of the s.no can make a large difference when possession is always the deciding factor.

P. Venu (Advocate)     04 September 2020

Is the settlement deed registered? If so, obtain  a certified copy. Moreover, has the settlement deed been acted upon?

Dr J C Vashista (Advocate)     04 September 2020

You have already engaged / paid an able, competent and intelligent lawyer, seek his / her professional advise as s/he is well aware about facts and circumstances of the case.

Mohan Kumar   04 September 2020

I really appreciate all your time in reviewing this case and giving in your valuable inputs. 

@ Mr.Venu - Settlement deed was registered in the sub-registrar office and they have signed/stamped it. My father never went back to transfer it on to his name. Is registering the deed called "acted upon" ? Please help me understand these terms as I am a newbie to Law terminologies.

P. Venu (Advocate)     05 September 2020

Is you father is in possession and is cultivating the portion allotted to him the settlement?

Mohan Kumar   05 September 2020

My father and uncle both possess half of the entire land and cultivate to this day and so far no references made about that by them. Its just that we learnt recently when I explored the Encumbrance certificates for this property online.

P. Venu (Advocate)     06 September 2020

What is the encumbrance that has been recorded?

Mohan Kumar   06 September 2020

Encumbrance says they own the property currently (at least the computerized records show only these recent transitions). It doesn't reflect the deed as such may be because deed itself had an error in it. I believe it was because the initial deed mentioned about a different property (due to its column number error), the registrar couldn't cross run on the property history and my uncle used that to his benefit of registering it on his name entirely.

P. Venu (Advocate)     06 September 2020

I am afraid you are providing personal opinions than information/facts.

Mohan Kumar   06 September 2020

Apologies, I got carried away without realizing this is a public forum and it helps neither me nor anybody else going through this case. I edited it.

G.L.N. Prasad (Retired employee.)     06 September 2020

Sorry, Mr.Mohan Kumar for your opinion on the forum when your issue is dated 1987 and after 23 years you are raising those issues without full details. The forum can not help anyone.  It can only state facts and the probability of taking a legal stand and instilling confidence.  This is just a First AId center and chronic diseases that require surgical operations by experts can not be handled at the clinic.


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