My grandfather has 3 sons(1 passed away-eldest) and 3 daughter .He passed away on 1998 without documenting any WILL for his property.His property estimate are around 14 hectare land and 3 individual house.soon after his death his 3 sons illegally attained legal heir certificate from taluk office on 2000 without including 3 daughters and sold almost all his property and acquired house also.Now my Mother got to now about the false legal heir certificate and we taken up this to collector and we cancelled the false legal heir certificated and New legal heir certificate with including 3 daughter name was given.My question is. 1-What action can be taken on 3 sons who got false legal heir certificate from taluk office(Note-2 sons are currently government servants)? 2-Son of the eldest one among the Three got government posting on compassionate ground ,can we legally take action on him? 3-Will we get our property share since most of the property were sold between 2000-2010 through false legal heir certificate ,If can, please suggest the way for getting back the sold property ?
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1) you have to move court to set aside sale deed as mother and daughters have equal share in the properties
2) file police complaint against brothers for cheating , criminal breach of trust for having sold the properties on basis of false legal heir certificates
1. A criminal complaint for illegally selling the properties on the basis of fake and fabricated documents can b lodg against them before the jurisdictional police station.
A suit seeking partition of entire properties, cancellation of sale deed of the properties already sold and a permanent injunction suit may also be filed
2. You can initiate legal proceedings on all those who indulged in the said illegal activities due to which your mother could not get her legitimate and rightful share in the properties.
3. You should file a partition suit seeking partition of entire properties which should include the properties already sold and seek separate possession of your legitimate share in it.
The partition suit has no limitation, it can be filed anytime. .
1. A criminal complaint for cheating, forgery and giving false information to a public servant may be filed against them under the provisions of Indian Penal Code.
2. His compassionate appointment can also be set aside if he is proved guilty of the criminal charges as mentioned above as it will then be a case of moral turpitude by a public servant.
3. The alienation of property made by them can be challenged in the civil court through a suit for cancellation of the sale deed by the daughters of your grandfather. This is the only way to get back the property.
P.S -My question -"Ancestral property sold with false legal heir certificate" One of the son of our opposite party got a government job on compassionate-ground . As per the rule"Only dependents of an employee dying in harness leaving his family in penury and without any means of livelihood can be appointed on compassionate ground."-But currently he sold lands worth 4-crore , we wrote many petition about him to Directorate of Education [He is in education department-Tamil Nadu] and to the Secretariat ..etc .Everything went useless all higher level officials are bribed and we are not getting proper reply from RTI also.We have all the proof his SR copy[compassionate ground appointment copy] and bunch of land documents which he sold with his name on legal heir .with all those evidence we can even near him he is happily moving around .we are really frustrated with the Government . please guide us . 1-who will be the trustable agency who can take action against his appointment? 2-where we should have to raise the issue to get justice ? 3-And finally will we get justice in india !
1) you would get justice
2) file writ petition in HC to challenge his appointment on compassionate grounds
3) rely upon fact that he sold property for Rs 4 c rores and is not entitled to compassionate appointment
1. If you are aggrieved to this extent you may file a writ petition before high court venting out your grievances and seek remedy to this.
2. high court
3. You are living in India, you cannot seek justice in a foreign country for an event taken place in India