POA
manjunath
(Querist) 18 October 2016
This query is : Resolved
Dear Experts
In the tasildhar office gpa is not accepting for giving evidence for dispute cas�. Gpa is notarised one .can i take any legal action against tasildhar ?
Devajyoti Barman
(Expert) 18 October 2016
The Tehsildar is not doing illegal things. Challenge his order in high court.
A person is permitted to depose on the strength of pOA provided he has direct knowledge about the dispute.
Guest
(Expert) 18 October 2016
What reason has been quoted by the Tehsildar for non-acceptance of GPA?
manjunath
(Querist) 18 October 2016
It seems he donot have much knowledge about gpa i already explined about gpa to him he is not at all listing my words and i sent the gpa to to Ac and dc for non acceptence of gpa
Kumar Doab
(Expert) 18 October 2016
Attempt and get a written reply.
manjunath
(Querist) 18 October 2016
If i will not get any reply from ac and dc. If orders passes by tasildhar. Shall i fill any criminal case against him
Rajendra K Goyal
(Expert) 18 October 2016
Generally the POA should be registered.
No criminal case lies in such official duties.
Take copies of the order and file appeal to collector office.
Kumar Doab
(Expert) 18 October 2016
Tehsildar might be following SOP.
Guest
(Expert) 18 October 2016
What is the actual dispute and with what purpose you have sent the GPA to both AC & DC at a time?
Rajendra K Goyal
(Expert) 19 October 2016
Waiting for the information from author.
manjunath
(Querist) 20 October 2016
The actual dispute is my uncle had 2 wives the 2nd wife filled an application for change of khata in her name. The first wife daughters have filled an objectiob for same and they excuted notarised gpa for giving evidence for dispute case. And she submited wrong family tree ( only showing herself as wife)
Rajendra K Goyal
(Expert) 21 October 2016
Where is the question of GPA?
Whether your uncle married second time when first wife was alive or after her?
How many sons and daughters are there from both?
Rajendra K Goyal
(Expert) 21 October 2016
If your uncle married second time without divorce / death of first wife, second wife has no share in the property.
Kumar Doab
(Expert) 21 October 2016
If as per personal law applicable to your uncle, he can't marry during subsistence of 1st marriage, then marriage with second wife is not valid.
How can she acquire wrong family tree certification?
Who issues such certification?
Usually it is tehsildar itself, that issues legal heir certificate.
Guest
(Expert) 21 October 2016
Vague query without adequate facts. Who are they who gave GPA, as you stated, "they excuted notarised gpa for giving evidence for dispute case?
GPA can be irrelevant for the purpose of giving evidence by some one as a proxy on behalf of the real witness.
By the way, in what way you feel that any person in the absence of the concerned person can give evidence on the basis of GPA?
manjunath
(Querist) 21 October 2016
Gpa is excuted to my name and first wife died. First wife had two daughters and second wife had 2 sons. I submited whole family legal hair certificate. If tasildhar will pass any illegal orders. Can i take any legal action against tasildhar for issuing wrong family tree to applicant
Rajendra K Goyal
(Expert) 21 October 2016
You have given diplomatic reply,please clarify, whether first wife died before second marriage or after that?
Kumar Doab
(Expert) 21 October 2016
You must be aware that if Tehsildar is the authority to issue such certificate then it is issued post inquiry by revenue officials.
If the inquiry is sham/bad/erroneous, the affected party can bring it in the knowledge of authority say; Tehsildar.
Guest
(Expert) 22 October 2016
If you have been unable to convince the Tehsildar with any clear documentary evidence, you cannot take any legal action against him, except filing your appeal to the appellate revenue authority.
Kumar Doab
(Expert) 22 October 2016
You have already posted that:
"It seems he donot have much knowledge about gpa i already explined about gpa to him he is not at all listing my words and i sent the gpa to to Ac and dc for non acceptence of gpa"
Apparently you have not pointed any irregularity in 'Family Tree' to AC, DC.
Probably AC,DC also are not inclined to get swayed your opinion about GPA and might have decided to dispose it as private/personal/unwarranted etc..............
If you are inclined to get a reply one option is to meet them or pursue RTI route..........
Or approach your own able counsel.
Rajendra K Goyal
(Expert) 22 October 2016
The author has not given clear reply on the question asked.
manjunath
(Querist) 23 October 2016
Thanks experts. I contacted local advocate i got all the information.
Kumar Doab
(Expert) 23 October 2016
You are welcome.
You have done the right thing.
