A plot of land belonged to my father who died intestate. My brother refused to recognize my 1/2 share in the property, even though the society transferred the share certificate with my name first. In order to settle the ownership of 1/2 share, I approached local civil court for Heirship certificate & the same was issued to me to the extent of my1/2 share only after contest, because my brother opposed grant of heirship certificate claiming that he is in possession & there is a mutual understanding between me & him that the entire property is his exclusively.
Overruling his objection, the court granted to me heirship certificate to the extent of my 1/2 share & also recorded in its observation in the judgment that, it appears that there are no legal heirs other than two brothers & each is entitled to 1/2 share. Also, there is no evidence produced by younger brother that there is any mutual understanding & therefore the objection is overruled and heirship certificate is granted.
Using the certificate, I applied for mutation my name in land records with due NOC from the society. My application was once again opposed & after hearing both parties, my name got mutated on the property card to the extent of 1/2 share by concerned land records office. But my brother, went in appeal to higher authority, against the order of the land records officer, quoting the observation of the court highlighted above.
My brother has not produced even a single document before the land records officer or the appellete authority except for the judgment in the contested case of grant of heirship certificate only to me. Not even a NOC of the society which is the actual land owner.
On the directions of the higher authority, after second review, an order was passed by the same Land records Officer that my brother's name is also mutated to the extent of his 1/2 share, on basis of observation of the Hon. Court highlighted earlier.
Now, my brother, while opposing grant of heirship certificate to me, used the judgment in the same case, that too without any heirship certificate, without any NOC from the society who is owner of the land & also not paying any court fees as per valuation.
As per my understanding, only the Civil Court which is the sole authority & Land Records Office cannot act on mutation based on its own interpretation in the absence of any clear order of the civil court. So it seems to me that the order of Land Records Officer is bad in law.
It seems to me that it is of no use to go in appeal against the order because the appellate authority is the very one which directed the lower officer for review.
So what remedy is available to me in such a situation.
Sorry for a bit long query.
