You can go for rectification of the same in its records and correct the same
In ancestral property without our knowledge a Saint name included
Dear Advocate, Good morning. Recently it has come to our knowledge that a Saint's name of a particular organization had been included in our little bit cultivation land as well as in our ancestral old home in our village. West Bengal govt. Land department says it has been gifted or donated. But, we never did so as we have about 41 decimal property. We enquired about the saint and found the same name included our property, but the saint died long ago. We are four brothers, my name is not listed in our property and I think, some officials/person might include that saint name in my place. Now, please suggest, how to remove the name of the Saint? If we go to court how many years it will take to settle it and expenses?
Asked 2 years ago in Property Law
Religion: Hindu
5 Answers
File RTI application with the tehsildar as to how saint name has been included in your land
2)if tehsildar refuses to correct records file appeal before collector for removal of his name in your revenue records
If you believe that the saint is a total stranger to your family and your ancestral property then all the cosharers of the property can join together and file a suit for mandatory injunction to remove the name of the stranger 'saint' from the property records and declaration of title to you all alone and permanent injunction agaisnt all those who are expected to interfere in your possession and enjoyment of the property.
The time taken for disposal of the civil suit cannot be predicted owing to various factors involved in this.
- Since that property was in the name of Saint long ago, it means that even after his demise the property has not been transferred in the record of land department.
- Further, if you are in possession of that property since long period , then you can submit an application before that department to replace that name with yours name.
- If refused , then file a suit for Declaration and Mandatory Injunction before the Civil Judge for declaring the owner of the property and to remove the name of Saint
Dear Client,
You can claim your share of your father's self-acquired properties as a class I legal heir, just like your brothers do, according to the Hindu Succession (Amendment) Act 2005. Children have no control over their parents' donation of their own money and possessions to the person of their choice. When donating or disposing of ancestral property, parents require the approval of their grown children.
Hope this answer proves beneficial to you.
