Cancellation of haktarnama
DEVESH MALVIYA
(Querist) 01 April 2013
This query is : Resolved
sir/madam,
my father was died in the month of sept. 2004 & he left agriculture land. we are 2 brother, 5 sisters and one mother alive till date.
we 5 sisters & our mother give our interest in such land to my small brother in lieu of some other consideration about 2 years ago without the knowledge of our elder brother.
all poceeding relates to haktarnama is done.
7/8 portion of such land is in the name of younger brother & 1/8 portion is in the name of elder brother is shown in all record of revenue.
now younger brother refused to give such consideration to us.
now my query is that:
1) can i suit against my younger brother for cancellation of such haktarnama & what is maximum period available to me for making suit.
2)can i succeed in cancellation of haktarnama.
3) is there any option available to my elder brother for seeking more than 1/8 portion if yes then give such section refenrence.
4) what is the course of action available to my younger brother for cancell my suit.
please solve my problem as soon as possible.
prabhakar singh
(Expert) 02 April 2013
It is not clear from the query what kind of deed was executed by mother and sisters to release their shares in favor of younger brothers.Hence to answer such subjective questions,that too on merit of a proposed suit, with certainty is impossible without going through the deed being called "haktarnama "by you.
Better visit a local lawyer to discuss face to face.
Raj Kumar Makkad
(Expert) 02 April 2013
Haktarnama means registered Relinquishment Deed executed by you all 5 sisters and your mother in favour of your younger brother. If there was any term of consideration in the Haktarnama then you can file a suit for seeking its setting aside on the violation of such term otherwise you have no scope to get it revoked at any cost.
You all can file a suit only on the basis that your younger brother cheated all of you and under undue considerations and by making misrepresentation, he succeded in getting your share otherwise you all do not want to release your share in his favour. Your elder brother has no role to play in his matter.
Vijyant Nigam (09807349001)
(Expert) 04 April 2013
