Bakshninmama can be broken on not in below situation
godisgreat@12
(Querist) 03 December 2017
This query is : Resolved
Hello Sir,
मेरे पापा के नानाजी ने बड़े बाउजी के नाम पे बक्सिष्णामा लिख दिया उस समय मेरे पापा जी का जन्म नहीं हुआ था , बाद में म्यूच्यूअल रिलेशन में मेरे दादा जी ने भी ध्यान नहीं दिया , अब उस घेर से मेरी फॅमिली को जबरदस्ती हटा दिया गया और ज़बर्दस्ती मेरे पापा से डाक्यूमेंट्स लिखवा लिया गया की यहकोई हक़ nahi, मुझे आपके से एक गाइडेंस चाहिए अगर अब मेरे पापा उसपे क्लेम कर सकते है की नहीं
कोई ऐसा कानून है जो मुझे हेल्प कर सकता है , मुझे क्या करना चाहिए अब
Kumar Doab
(Expert) 03 December 2017
What exactly do you mean by ‘Bakshishnama’?
Is it valid WILL or gift deed and/or registered?
It was signed when the beneficiary was not even born!
Was/Is it valid document for Transfer of Property?
Was title transferred on the strength of said ‘Bakshishnama’? ( If it was/is invalid then how could transfer take place?)
Any document that is extracted under pressure, coercion, force, threat is invalid.
What was this document that is claimed as something to give up right/Haq?
Is it registered and/or valid?
Which personal law applies in this case say ; Hindu?
Kumar Doab
(Expert) 03 December 2017
It is felt that if the said document ‘Bakshishnama’ was/is invalid then it cannot lead to transfer of title/property. In such case the property should vest back to True Owner.
If this document that is claimed as something to give up right/Haq was/is invalid then it should be without any legal validity/force in it.
In such case property should remain vested in true owner.
If this happens and true owner is dead then the succession should set in and share should be decided in accordance with succession rules in accordance with personal law that applies in this case.
Kumar Doab
(Expert) 03 December 2017
The affected person should act ASAP/within time against such Act and preferably proceed under Expert advice of a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/revenue/property/civil matters and well versed with local revenue terms/ matters/rules/laws and having successful track record.
If delayed the limitation may stare at him.
P. Venu
(Expert) 04 December 2017
The facts, as posted, lack clarity. Was the 'Bakshshnama' registered? Is it 'Nanaji' or 'Dadaji'
Hemant Agarwal
(Expert) 04 December 2017
1. "Bakshish'nama" (GIFT Deed), is always "IRREVOCABLE & PERPETUAL" and MUST be without any consideration /condition.
2. An non-stamp-duty paid and non-registered "Bakshish'nama" (GIFT Deed), is as good as Toilet paper and shall remain null & void, for any & all legal purposes.
Keep Smiling .... Hemant Agarwal
Kumar Doab
(Expert) 04 December 2017
Apparently Maternal Grandfather of your father was owner of the said property…He wrote said ‘Bakshishnama’ in favor of Bare Bauji. You may clarify who is ‘Bare Bauji’.
In case the said ‘Bakshishnama’ was not valid it should not have been good to fetch transfer of title in favor of Bare Bauji.
If the title was not transferred in favor of Bare Bauji then Bare Bauji was never title holder/owner.
If Bare Bauji never had any power to dispose the said property in question then he could not give any rights in said property to your father.
If your father never had any rights in the said property then your father could not give up the rights/haq also.
So the document signed by your father (purported to be under some force) may also be of NO significance. If it is not registered then it may not amount to be relinquishment deed.
In case your father/you are contemplating any rights by ‘Adverse Possession’ then you may come clear on it.
Kumar Doab
(Expert) 04 December 2017
Obtain mutation records with all link docs and show thee to very able senior counsel of unshakable repute and integrity specializing in such/revenue/property/civil matters and well versed with local revenue terms/ matters/rules/codes/laws and having successful track record….and understand who is owner/title holder on record and on the strength of which(valid) document title/ownership has been changed (if any)….
In case said ‘Bakshishnama’ was not valid then the property vests back to true owner i.e. Maternal Grandfather of your father.
Upon date/month/year of his death, succession has opened.
The rights/share of successors shall be in accordance with personal law that applies.
Kumar Doab
(Expert) 04 December 2017
Believing that you are all Hindu:
The authority under whose jurisdiction property falls has a set procedure for such matters (if the WILL has not surfaced); Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs.
The property that devolves by inheritance is of nature; self acquired.
In case of Hindu male; the 1st right for equal share of is of ClassI legal heirs i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……..
In case of Hindu woman the nature and source of property matters. The property from mother’s side is not ancestral..
In case of self acquired/absolute property of deceased Hindu woman the 1st right for equal share of is of Husband (if alive as on date of death), sons, daughters……..
If the property has devolved from fathers side to Hindu woman; the 1st right for equal share of is of sons, daughters…….. and if they are not available then heirs of father..
The property whose true owner as per your post was Maternal Grandfather of your father, should 1st devolve upon his legal heirs as per prevailing succession laws….and mother of your father may get share and that share if was not disposed in her life should devolve upon her legal heirs……and so on..
You may revert to the points raised in response to your query.
In case you have already consulted LOCAL counsel that examined each docs on record and inputs, facts…and you have understood the matter, you may post the opinion of your counsel…
