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Bharat Agrawal (General Manager)     03 July 2013

When a batwarnama will be considered invalid?

I like to know that when a PANCHNAMA is invalid, which was made for land division among brothers and family members of my father  in 1992? As I want to challenge it in court, I like to know about its validity and invalidity? 

Here I like to mention some facts 

1. All brothers sit and write an agreement on stamp paper, it is not registered in any court.
2. Panchnama is written as heading of Batwaranama.
3. It is different from original draft copy and signed by all. No written approval has been taken to remove points from Panchnama. I have original draft copy.
4. The person, who wrote the agreement, himself didn't follow rules.
5. It is based on the assumption that only joint properly will be mentioned but most of property are individual and these individual property is declared in final decree by court in 1972.
6. None of the written confirmed document has been consulted for the proof of Individual or joint property, just verbal confirmation has been made.
7. For one land, Khata No. and Khesra No. are not mentioned.
8. Khata and Khesra No. of one land is wrong.
9. Just three joint property mentioned among 47 joint property.

Can I challenge this Batwaranama now? Kindly suggest.



Learning

 2 Replies

Hemang (Advocate)     03 July 2013

The Hindu Law "preserves the sanctity of family settlement". The court necessarily respects the same. The Court would not overrule the family settlement. (Unless the fraud is pleaded); However, in order to challenge the same, the party has to approach the court within reasonable time and as provided under Indian Limitation Act. The settlement has taken place in the year 1996 as told by you. How much years have been lapsed without doing anything? Try your luck.

Bharat Agrawal (General Manager)     04 July 2013

Thank you so much for your valuable suggestion.

If a "Batwaranama" is not based on facts, differenent from the draft copy, directly against the final decree of 1972 and not shared information of all joint property, which he has sold fully then it is a case fraud or not.

Here they hide the information and settlement is not based on truth. Sir, I like to know one thing, on the basis of just understanding of few people, can I declare that "Sun rises in the west", which is against the fact.  


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