Genealogy will be valid If not disputed by respondent otherwise legal hardship prove by legal heir certificate issued by revenue officer in official capacity.
What is halevi and bahubhand?
Agricultural land
My Grandfather, father of mother, inherited landed property. He had two daughters one of them was my mother. During his lifetime he gifted land to son in law of another daughter, not my mother as she might be minor on gift executed in 1935. Son in law expired then land transferred in the name of his minor son's name with minor Gardien Mother. Minor son also expired. The Master's mother also expired. I collected a record from the Revenue Department, these FERFAR notes are in E and D patrak. I have filed a Civil Suit in the Kolhapur Maharashtra. I am son of second daughter of Grandfather. My mother expired in 2004. Father also expired in 1989. This land has taken by the other two "BHAUBANDH" equally. That land put together is in the name their hires name now against whom I have filed suit claiming the land of my Grandfather to his daughter's son. The Genealogy obtained from HELAVI, until my name as heirship and submitted the court which is approved. Defenders in their reply agreed with hireship up to my Grandfather. Now question is 1) Is the genealogy will be proof of my heirship? 2)Any witnesses required to prove it? What further please be guided. .
Asked 4 years ago in Property Law
Religion: Hindu
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19 Answers
Now the case is at the ISSUEs stage. The trial may start after the May vacation. Guide me further in the case and give me with the decision on reference cases in detail. Thanks
Asked 4 years ago
Yes along with it you will require witness to prove the same
You have mentioned that you submitted your genealogy to court and it was approved, then what is your doubt about the same for proof of legal heirship?
As a matter of fact you are the legal heir of your deceased mother and she is one of the legal heirs of your deceased grandfather.
This fact has been made clearly in the genealogy certificate, now let the opposite party challenge the same before court.
Any witness means, do you have anyone who can stand as a witness to this genealogy tree certificate?
If so, then you can produce them before court.
Since you have filed the case and the same is at framing of issues stage, let the court frame the issues.
You will come to know if this certificate has been accepted and an issue in this regard has been framed or not.
Before that do not jump into any anxiety about it because without knowing your exact requirement any opinion given would be misguiding.
Kindly clarify whether gift deed was duly stamped and registered
2) once gift deed is executed son in law would be absolute owner of property
3) gift deed was executed in 1935 . Suit has been filed by you recently
4) delay of over 80 years in filing suit has to be explained
5) genealogy obtained can be relied upon by court
What is defence taken by defendants in written statement ?
plea of limitation must have been taken as defence
have you in suit proceedings explained delay in filing suit
Dear Sir,
You are suggested to present the family tree, legal heir certificates and witnesses also to put your version correctly to the court and to get the decision of case in your favour.
1. Yes genealogy will be proof of your heirship.
2. Legal heir certificate of your grand father and your mother will be helpful to prove the heirship.
In a suit for partition of property, the genealogy has important role. The same time court will check whether the property is partable or not? If it is partable then do you have any right to get the share in that property? So it is the duty of the plaintiff to proof the property is partable one and you have every right to get the share from your grandfather‘s property .So adduce evidence on that aspects. Whether the plaintiff has a share in the suit property and whether he is entitled to division and separate possession. The decision on these two issues is exercise of a judicial function and results in first stage decision termed as `decree' under Order 20 Rule 18(1) and termed as `preliminary decree' under Order 20 Rule 18(2) of the Code.
So check about the gift deed and its validity.
- As per law, an inherited property cannot be gifted , hence your grandfather was not having his right to gift the said property to the son in law of another daughter .
- Legally you mother was also having over the same .
- Hence, issue also should be framed over the legality of the said Gift deed as well.
- Since the court has already accepted /approved the Genealogy obtained , hence now you will have not prove the same .
1. Since Genealogical Evidence is a guide to the Standard of proof rating to Pedigrees , Ancestry and Family history, hence the Genealogy submitted by you , will be proof of heirship.
2. Since, the word HELAVI is not clear , hence cannot comment.
Hi
Yes genealogy will be the proof of your heirship in this case.
Thanks
Genealogy is the study of families, family history, and the tracing of their lineages, in your case genealogy will be proof your heirship.
The case filed in January 2012. During May 2012, out two groups of defendants, one has sold 1.06 hector of land to a builder by Registered Deed. The balance land of this group is now 1.14 hector in their name. the name of the purchaser is also entered in the record of the Revenue Department. Immediate on sale of land we submitted Court a certified copy of Sale Deed and applied for injection/stay, which was rejected on the ground of Genealogy not submitted by us that time and some other technical grounds In view of this we applied the Court to add the purchaser as Defendant which is granted in 207. He summonsed and appeared as a defendant along with others. case is at issues stage. Now question is 1) Shall we apply to cancel the sale transation? 2)What will be further course of action if cancellation not granted?
Asked 4 years ago
Court order is binding on pruschser. Provision in law. But you can amend prayer for cancellation of sale deed before issues framed.
Once order passed in your favor, sale itself will become or declare void.
You can amend the plaint to set aside sale deed executed in favour of builder by the defendant
2) if application for amendment is rejected file appeal against impugned order
1. You wait for the court to frame issues.
2. The sale is subsequent development hence it is not binding on you therefore you may not have to seek cancellation.
You may concentrate on your case alone.
Yes you can file suit for cancellation of sale deed
Dear sir,
You may file separate suit for cancellation of the sale deed and if not accepted by the court, file the appeal. In the meantime, file the application with registrar for holding the mutation works.
Hi
Yes Go ahead for the cancellation of the sales transaction via court orders.
it is not possible to answer with out going through the relevant document of case