My great grandfather owned land since 1896 OSR record . He died in the year 1916 with 3 son. aged 8,10 and 11 without write and will on properties. However his sister wrote a settlement in the year 1918 mention only the elder son to take care the properties and also given some portion land to some strangers.We all are by born christian. Questions: is this settlement legal under the succession act?? She have any rights do to so? how can i cancel the settlement if she have no rights under the succession act 1925. and in 1972 the elder son on my great grandfather died without any will too but his wife wrote a settlement to his grandson and grand daughter only to maintain the property. Question : does she have any rights to write settlement whereby the other 2 brothers still alive? and the granddaughter sold the land to third party is it legal?? the Heiress of the family have still alive, we are not aware of anything till we came to know the Highway authority taken land for NH45. and the illegal squatters some how obtain patta and claim the compensation. We have taken encumbrance certificate for 120 years and there is no any land transaction. There is no record. However the 1918 settlement were mentioned land were taken from court auction without mention any details on which court or any order and given some portion land to 3rd party and registered in RSR record. Greatly appreciated if can give me guidance on this matter. all the dependent settled abroad. My intention to obtain back all the property under the nominated POA to one of our family members. Thank you so much. best regards Leonard
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The settlement is not legal as sister could not transfer property only in name of elder son
2) however it cannot be cancelled after lapse of 100 years
3) grandmother could not have executed settlement deed in favour of grandson and grand daughter as she was only one of legal heirs of property
4) sale by granddaughter is illegal
5) you have to file suit to set aside sale deed by grand daughter
6) the suit has to be filed within period of 3 years of discovery of fraudulent sale
Dear Mr Ajay, Really appriciated your reply. Just need some clarification on settlement made in 1918, Which the content mentioned she obtained the land via court auction and usually if court auction there will be record or any reference given by court right. Question: How can i cancelled the settlement made in year 1918 ? understand from you that the sister have no rights under the christian succession act . based on Lineal consanguinity shows only male direct decedent are the heiress of this property? which record supersede as legal evidence for court OSR ( old settlement record) 1896 , RSR (resettlement record)1933 and UDR (Updating Registry Scheme) ? Can i take legal action on the illegal occupiers in the land and claim damages? do i have to make FIR or write petition to police on document forgery?
1. IF name of GGF still appears in the Land Revenue Records, AND "IF" you can documentarily prove legal heirship relationship with GGF, THEN irrespective of the mentioned events by Family members and outsiders, the Legal Heirs (You) successfully file a Civil Suit for eviction of present holders and possession and directions to Revenue authorities to transfer /mutation the GGF's Land Records in name of Legal Heirs (You). Technically & Legally it is possible, though a long legal battle.
2. However, due to Limitation Act, it would be really difficult (literally impossible) to evict the present holders.
1) you need to take search in court records of auction done in 1918
2) if she had obtained property by court auction she would have been absolute owner of property
3) claim is barred by limitation. After 100 years no court is going to set aside settlement deed
4) you can file suit for eviction of trespassers who are illegally occupying property
5) if documents are forged file police complaint of forgery , cheating against the fraudster
No it's a illegal settlement. You can cancel the same by filing partition suit
1. it appears that your great GF's sister purchased the property in a public auction conducted by court
2. she should then have a sales certificate in her favour which is required to be registered
3. assuming she became owner on purchasing the land in a court auction, she made the settlement deed in 1918
4. if that settlement deed is reflecting in the revenue records then it means it is in public domain
5. any person aggrieved by the transaction under that settlement deed was required to take legal steps for its cancellation maximum within 3 years from the date of its signing and registration
6. no such steps appear to be taken in this case. Even if now you go to challenge that settlement deed then it will be a stale claim and would not be permitted by the court
Dear Sir,
The following information may kindly be read:
On equal footing
The Christian law of inheritance and succession is the same for men and women. A person's property is treated as self-acquired despite the mode of acquisition and during one's lifetime, nobody else can contest for it.
Contracts that prohibit
A widow cannot succeed to the property of an intestate (someone who has died without a will) if a valid contract, made before her marriage prohibits her from succeeding to a share in her husband's property. In normal cases, the property of a deceased devolves upon the wife/husband or upon the kindred.
Mode of succession
When the deceased leaves behind a widow and children, one-third of the property shall go to the widow and two-thirds to be distributed among his legal heirs.
If the deceased has no children or grandchildren but a widow who survives him, one-half of his property shall belong to the widow and another half is for his kindred. If there is no kindred and no children or grandchildren, the entire property shall be given to the widow.
If a deceased's wife is already pre-deceased but survived by children, or grandchildren through pre-deceased children, then the property is divided equally among them.
Father comes first
Among the other blood relatives, if the father of the deceased individual is alive, then all the property will go to the father. If the father of the deceased individual is not alive but the mother is, the entire property will go to her only when other blood relatives including siblings, nieces and nephews are also not alive. If the father of the deceased individual is not alive but the mother is, and there are other blood relatives such as brothers, sisters, nieces and nephews, then all such blood relatives, including the mother share equally in the property
Settlement deed was illegal and without ownership. But not acc. to lineal consanguinity as IS act was not enacted at that time.
On the death of father, elder brother acquires the property and other brothers had only residence right as per will of elder brother.
But now it`s a century, barred by limitation to challenge the settlement and whoever in possession at presence acquired title by adverse possession.
Dear Sir, Based on OSR record we have detail on land however we don't have any copy of title, How can i obtain information on copy title for [deleted]. Do court have record on any land auction done in 1918?? where should i check this record and how to obtain? Thank you, Best Regards Leonard
you must contact local lawyer . he would take search in court records as whether details of 1918 are available or not
1. Delegate authority to a Property Lawyer to "search" (or a SEARCH Agent) into the archives of the Revenue Records of that time. It is a seemingly impossible task for matter of 1918. But it could be worth a try.
2. IF you file Civil Suit with the Revenue Dept., (district Collector) as party, THEN the court would issue directions to them to produce the document (as required & if available)
Dear
The settlement done by sister of great grand father is illegal as she had no right over the property of her brother.
If the settlement done by sister of great grand father was not valid then settlement done by further successors are also not valid.
So the sale done by grand daughter of elder brother is also not valid and you have to file a civil suit to set aside the sale done by her.
Dear
The settlement done by sister of great grand father is illegal as she had no right over the property of her brother.
If the settlement done by sister of great grand father was not valid then settlement done by further successors are also not valid.
So the sale done by grand daughter of elder brother is also not valid and you have to file a civil suit to set aside the sale done by her.
You can get a certified copy from the govt department which posesses your documents
The illegal occupant already claim 1st round of Road accusation money from Highway authority by using forged document and some influence in Thasilthar office. How will Highway authority recover this amount ? This people are asking for building compensation and appointing lawyers for it. is it by law they legal to claim any compensation amount if the land is under my Great Grandfather name? Thank you?
Complain to highway authorities against fraudster obtaining compensation money by forging documents
2) enclose copy of handwriting expert opinion that documents are forged
3) also police complaint filed by you against the fraudster
4) they would be directed by authorities to refund money fraudulently received by then
It's illegal for speedy remedy only writ petition is maintainable