Partition of rural land of joint hindu family.
Say A was Grandfather ( dead) had 3 sons, only, namely :-
B (the eldest, died childless, more than 30 years back)
C (the middle son, died more than 20yrs back, had 1son only, alive, namely E)
D (the youngest son, died more than 10yrs back, had 2 sons namely F and G and a daughter H, alive)
The land property still has a joint holding in the name of B,C and D. B, C and D did not have any other property anywhere else except the ancestral property located in and around their village in Bihar.
Now the only son of C, that is E, would, according to Hindu succession act 1956, get 1/2 of the whole ancestral property, since B the eldest son of A died childless, as a legal heir by birth, please correct if it is wrong.
Now F and G the two sons of D have filed a case in lower court that the ancestral property was divided between B,C and D during their life time and C got his share of land somewhere in Darjiling District of West Bengal( no documents of the said partition nor the Khata/ Plot number of the said land in Darjiling District, not even the postal address of the said area in Darjilng, which they have said as the permanent address of E) and after squandering away that property C's son E has come do demand the share of his property in the ancestral village in Bihar.
This case has been admitted by the lower court sub- judge and after the first Registered post notice came back with remark "such address not found" the honourable judge ordered for Gazette publication.
This case papper has been presented to the Circle Officer to stop Namantaran, on the said ancestral property, of the names of the living person instead of dead persons.
The said property has been inherited by B,C and D from Grandfather A so it is an ancestral property. The Khatiyan and Register 2 till date has the name of B, C and D and there is nothing mentioned about the Darjiling property or the partition of land between B, C and D.
My concern is this 1) Is this case admittable by the honourable sub-judge. This is a Civil case and documents are the important part on which the cases are built. However this case has been filed, let alone the documents of the Darjiling property, even without customary mentioning of Khata/Plot no., area of the land in acres and decimals, exact location of the land in Darjiling and the address as well in the written plaint? Whether maintainable or not ? If 'Yes' then for How long ?
2) Can this case based on fictious ground at all prevent the Circle Officer carry on Namantaran ? No INJUNCTION has been ordered by the court for the same. The same Circle Officer officially approved the "Vanshawali" (the Family Tree) as mentioned above, by putting his signature and seal.