Gautam Mahapatra (Associate Professor)     28 January 2012

# Unable to recover the inherited property

Dear Sir,

Here is the brief fact:

Successor list:

1.1.1. Santabala (Wife) (Dead) (Share Sold to husband’s youngest Bother)

1.1.2. Gitarani(Dead) (Share Sold to youngest Uncle)

1.1.3. Anjali (Share with her)

1.3.1 Myself

1.5. Parimal (Share Sold to Bothers)

1.7. Nirjhar (Share with her)

After my grandfather (Bhibhubilas) there were seven successors – my father, two uncles and four married aunts. Grandmother has died before him.

The whole property – low and high land, pond etc, left by grandfather were enjoyed by three sons (Lalita, Ajita and Amrita) in equal (1/3 each) share, whose are living in his house and taking care these properties and himself.

Our aunts and / or family of aunts are regularly coming and staying in our houses, till now we have very good relation with all of them.

My father Amrita is youngest son of my grandfather. Except two aunts (Parimal and Nirjhar), my father (in 2011), two uncles and two aunts (Satadal and Radharani) has died in different time of 25 years period.

Elder uncle, Lalita has two married daughter (Gitarani and Anjali) and wife Santabala, and no son.

Three aunts (Satadal, Parimal and Radharani) have sold their own share as successor of my grandfather to their own brothers (Ajita and Amrita) in the year 1997-98. Later in 2005-06 successor of Gitarani and Santabala, whose are successor of Lalita have sold their property share to my father Amrita.

My father Amrita is owner of: ((1/7) + (1/2) (3/7) + (2/3) (1/7)) = 19/42

[Inherited + 1/2 of inherited part of three sisters + 2/3 of inherited part of elder brother]

My Uncle Ajita is owner of: ((1/7) + (1/2) (3/7)) = 5/14

[Inherited + 1/2 of inherited part of three sisters]

One of my aunt Nirjhar whose share is with us, is owner of: (1/7) (own inherited part)

Successor of Lalit, Anjali is owner of: (1/3) of (1/7)=1/21 (own inherited part)

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(19/42)+(5/14)+(1/7)+(1/21)=1

Santabala, wife of Lalita had some land in her own, purchased from outsiders, latter when she stated residing with her elder daughter Gitarani after husband’s death; she has gifted these lands to her two grandsons, sons of Gitarani, which latter time they have sold to my father Amrita.

Anjali with her husband Mrinal and only son are residing at the Lalita’s house. Both Lalita, elder daughter Gitarani and wife Santabala died, now Anjali with her accompany are permanently residing in the Lalita’s house and enjoying one third part of the grandfather’s property.

Though my grandparents’ property has been handed over between his successor in paper, (in registered sale deed, mutation, taxation papers etc) but existing successors do not possess their actual parts. Mainly Anjali is actually owner of 1/21 part (one out of twenty one part), but she is using 1/3 part (one third) of the whole property of my grandfather.

Even, Anjali and her Husband tied to record these lands and other properties as Bargadar, but the upto date computer record, parcha are showing that till the date bargadar is not recorded.

We have tried for a number of times to solve this problem through discussion (2000-2006). We have arranged a number local village meeting for this situation where local respectable personalities to whom most of us rely were present and given their valuable suggestions / proposals which were accepted and then converted as signed agreement document. But, when these were being executed then she with her husband denied accepting and everything go in vain. Again we had arranged similar meeting for rectification, but same incident recur.

Latter my father filed a Title Suit / Partition Suit case to the Sub Divisional Civil Court, but till the date court is unable to frame the issue, far away from starting the trial and decision. The file includes 76 numbers of opponents (as some properties were sold and some were purchased etc), after my father death, huge amount of monetary liabilities along with tensions, patients, time etc are being carried by us.

I don’t know when it will finish, if so within my lifetime, what will be the fate etc.

Please guide me what should I actually need to do, what is necessary for us.

Is there any other alternative to follow?  Whether we may go to Revenue Inspector, Block Land Reform Officer, Sub Divisional Land Reform Officer or any other state authority to solve this problem?

Thanking you,

Gautam Mahapatra

E-mail: gsp2ster@gmail.com

Hem Raj (advocate)     28 January 2012

where do u live sir?

Hem Raj (advocate)     28 January 2012

u will have to institute a partition suit .

the rest of the working depends on the documents i.e.

farad jamabandi,  mutation, and khasara girdavari.

u have also purchased land from outsider so

after examining the documents it can be told that how much share you deserve and what is the right way to overcome the problem.

hoping best.

Gautam Mahapatra (Associate Professor)     29 January 2012

Dear Sir,

Thank you for your kind response.

I am from Contai Subdivision of Purba Medinipur a district of West Bengal.

Here I am mentioning the share of my father and relatives inherited property,

purchase from outsiders are not actually mentioned here.

I am working in Kolkata city, my mother, only sister lives in the village.

My two brothers also in kolkata in a joint family.

I am thinking the solution for inherited property.

Thanking you,

Gautam

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