- Settlement deed registered by one of the grandsons in the name of his wife is invalid, can be challenged and cancelled as the same is without the consent of other legal heirs.
- Second settlement deed registered by one of the sons in favor of his elder son is also invalid and can be cancelled.
- Any settlement deed without written consent of all legal is invalid.
- Any share holder seeing to separate possession and patta of property need to issue a lawyer's notice to all legal heirs seeking partition and separate possession of property. Thereafter a suit is to filed for partition in district Court and on the basis of decree passed by Court property has to divided giving share of all legal heirs and by producing such decree separate patta will be issued by Revenue Department.
- For filing suit you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner and get it attested by official there. The GPA has to be in specific Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you.
- Section 17 of Registration Act, 1908 is provision under which registration of partition deed can be done and suit can be filed under Section 26 of Civil Procedure Code, 1908.
The ancestral property, for legal land partition before happened documents is that valid?
Dear Sir, I am from Tamil Nādu, working in UAE. I have required following questions and advise. 1. For the ancestral property there is no transaction happened (Registration happen), after grandfather passed away in four years later, one of grandson for his own wish made a settlement deed to his wife’s name without his father knowledge is this valid? Note: He mentioned in the registered document, based on the grandfather given the land to his name like that. Note: Proof has not complied. 2. For the ancestral property, before proper legal partition deeds one of son made directly to his elder son as a settlement deed without informing to his brother’s or having it surveyed. is this valid? 3. For the ancestral property, before proper legal partition deeds to his sons after grandfather passed away, whatever settlement deed happed in earlier it has been valid? If yes, on what sections has been saying? 4. The ancestral property, any one of son interest to make his share as a separate Patta, others his brothers not willing to do this. To proceed the land registration is it confirmation required from coparcenary? the Register Department to proceed the land registration, following VAO office, RI Office, Registration dept, Court, or any Lawyer, been it required to send a suit letter as a register post to their coparcenary address? 5. Is this possible to make Power of attorney give based on the revocation settlement deeds from outside of India? 6. I want to know the rules and regulation for the Indian land registration acts 1908 and Partition deed. Best Regards, Selvaraj R +[deleted] +[deleted]
Asked 3 years ago in Property Law
Religion: Christian
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
13 Answers
Dear client I am sorry to hear that but in this case if there is no will then a legal has certificate and a legal proceeding for the partition of the property needs to take place.
There is no gift deed or will executed by grand father in favour of grandson
2) you have to file suit to set aside settlement deed
by grandson in favour of his wife
3) son can execute settlement deed for his undivided share in property in favour of brother
4) on demise of grand father mutation of property has to be done in name of legal heirs
5) if person is residing abroad he can execute specific POA.it should be attested before Indian consulate
You can execute poa in said matter. You need to register partition deed or fie partition suit in court
Unlike Hindus there's no concept of ancestral property in Christians.
Christians are governed by the Succession Act which contemplates only those relationships that arise from a lawful marriage.
2. It is not maintainable.
3. There's no concept of ancestral property in Christians, hence any claim on that basis is unlawful.
4. There's no coparcenary rights if there's no ancestral property.
The successors in interest to succeed to the estates of the deceased can file a suit for partition in case of any dispute among themselves.
5. If one wants to file a civil suit, in case it's not possible to personally file then a power agent can be appointed for prosecuting the case on his behalf.
6. You can Google search the law pertaining to your interest.
For a such fraudulent land document registered by (Example, The Sub-Registrar, the Document Writer, Any Power Agent, the Advocate, and involved Parties). On which Sections & acts in terms of punishment need to be take an action?
Asked 3 years ago
You have to file suit to set aside fraudulent deed
2) seek injunction restraining sale of property by buyer
3) advocate is not personally liable for drafting the deed
Section 83 of Registration Act, Section 368, 471 of IPC.
Under Section 82 punishment is imprisonment upto seven years. Under Indian Penal Code, 1860 punishment is jail up to three years. Offence is cognizable and non-bailable.
If you have found that any document has been executed fraudulently and it has aggrieved you or deprived your rights in the property, you can very well file a suit for partition seeking your share in the property with separate possession without bothering about such deeds done with intention to grab the entire properties by the opponent for his selfish gains.
Since you are not a party to the fraudulent settlement deed it is not binding on you hence there is no necessity to seek cancellation of the same nor taking any action to prove the fraudulent nature of the deed.
You should concentrate on your relief alone.
If you are entitled to a share in the property as per Indian succession
Act, then you can fight for your share through court of law without bothering about the others who have swindled away all the property or some portion of it. The court will come to your rescue to retrieve your share in the property as per law, provided you take proper legal steps to claim your rightful share in the property.
- None having right to take the share in the ancestral property during the life time of father , and hence all such settlement deeds are invalid and having no legal value.
- Further , the father cannot transfer an ancestral property to any of the legal heirs by way of Will or gift deed.
- However, there is no concept of ancestral property under Christian law , and no transfer can be taken place for any type of property during the life time of father.
- Further, after demise of father, his property would be devolved upon his legal heirs, and a partition suit can be filed by any of the legal heirs.
- Further, if the claimant is residing abroad , then he can give POA to any relative or nearest to file the partition and to engage a lawyer.
Respected Advocates, Thank you so much appreciate response! My grandpa has 4 sons. My father his 3rd son. I am one only son. My father was passed away in 2011. For the ancestral properties, has not yet transferred to his 4 Sons as a legal partition after my grandpa passed away in 2000. But My grandpa gave oral partition an equal share each one of his sons according to sub-division number have in “CENTS”. In 2018, one of the coparcenary (Elder son) directly made a two settlement deeds to his elder son (He is a Grandson) without notification, surveyed & There is no succession Suits any district court to us. We all (Coparcenary’s) came to know that in 2018 mid of the year, We have been checked in certificate of Encumbrance of Property @ Inspector General of Registration - Tamil Nadu (tnreginet.gov.in) Tamilnadu Registrar website, Not only Two Documents, it has Three documents in that only family members were made it (Vide Document No:- XXXX/2003, X/2018 & XX/2018) Sub-Register office. We all approached DRO office at my district with all the reports which is our shared land covered in 2018 documents. They have been taken immediate action and cancelled (Vide Document No: XX/2019 & XX/2019) has registered document in 2018. “AFTER ALL COPARCENARY’S WERE MADE LEGAL PARTITION DEED ON 4TH & 07TH JANAURY 2019 (Vide Document No: XX/2019)”. Continues in Below.....
Asked 3 years ago
With GPA - General Power Agent respected of Elder son (Grandson) raised a Writ Petition at Madras high court as Single Bench (W.P.XXXXX of 2021) against with Sub-registrar registration acts category 132 & Sub-category Registration act, 1908 (16 of 1908) (3). They Won the case and made a another Vide document No: XXXX/2022 on august month this year. (Please Note: I seem the order report from registrar department has not submitted Legal partition deed reports on behalf of us). I have been working in UAE, I not aware that above the case details, I haven’t received any notification & transaction happened. I came to know after the week the same month. In this stage what I have do to? Best Regards, Selvaraj R
Asked 3 years ago
First of all stop saying that this property is ancestral property, because there is no concept called ancestral property in Christians unlike Hindus.
The Christians are covered under Indian Succession Act. Therefore when there is no concept called 'ancestral property' the question of coparceners also do not arise.
Since you have mentioned that your grandfather had made oral partition among his sons, then the share of property allotted to the sons shall become their self acquired property respectively.
In that situation the allottee sons can transfer their share in the property to their next generation wards by known procedure of law, i.e., settlement deed or gift deed or sale deed.
Thus the transfer of his share of property by a settlement deed by your father's brother in favor of his son is legally valid, the registrar or the RDO cannot stop your father's elder brother from transferring his share of property to the person of his choice.
It is necessary to peruse order passed by single judge to advice
2) of you are aggrieved by impugned order file appeal against said order
3) seek orders to set aside registration done in august 2022
Act as mentioned herein above
From your contents it appears that you are not having any knowledge of the case or the details of the transfer of property or the law involved in it, including the details of writ petition.
you are posting this message based on your own presumptions.
If you are serious about looking for some relief, you may have to sit before an advocate in the local along with all relevant papers related to property including the case papers, seek his advice about proceeding in the matter to get relief if you are entitled to one.
If your father's share in the property has been grabbed by your paternal uncle then you can lodge a criminal complaint against him under the provisions of land grabbing act and also file a suit for declaration of title,possession and permanent injunction restraining the opponents from interfering in your possession and enjoyment and mandatory injunction to remove any structures constructed in your share of property. .