KINDLY ADVISE HOW C WILL PROCEED TO GET HIS PROPER SHARE.

Querist : Anonymous (Querist) 09 December 2010 This query is : Resolved
Dear Sir

Situation is like: - A took a land from a temple trust in west Bengal on leased for 999 years without registration. A died leaving his wife (B), & three sons (C), (D) & (E). After few years without knlowdge of (C) keeping some part of said leased land for him, (B), (D) & (E) approached to temple trust & made a new 999 years leased deed for registered in name of (E). At present old unregistered leased document of late (A) is not available with son (C). Now how Mr. (C) will proceed to get some records of old leased documents from temple trust to established his proper share in his father (A)‘s leased land.
Kindly suggest
With thanks

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s.subramanian (Expert) 09 December 2010
Unregistered lease deed cannot create or confer any right over the property. Subsequent registered deed alone will be valid.

Querist : Anonymous (Querist) 09 December 2010
THANKS A LOT.

Advocate. Arunagiri (Expert) 09 December 2010
If you are in possession as per the unregistered leased deed, you have good case.

Devajyoti Barman (Expert) 10 December 2010
C can file a sut for declaration of the lease deed as null and void.

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