Jagdish 19 June 2018

Ancestral home land & gram sevak & gram panchayat issue

Hi,

We are in total 3 brothers wherein I am the second one. Our eldest brother is a retired government employee and so am I. We do have our land at our native in Mahrashtra which has been take care off by my younger brother for past 40+ years. Due to work implications I was away from my home for so many years. Till our parents were alive I've always visited my village often to check on parents. Post my parents death, for past 10+ years, I've not visited my village due to problems between me and my younger brother.

Recently I visited my younger brother and asked him for a share in the profits he is making through land wherein we grow cotton, tur dal, etc. season wise. He is been avoiding me for long now and making matters complicated. I am a retired employee with no financial support as my son is also struggling with unemployment issues for long now. Also my pension is minimal less than 1500 per month.

Our home at native which belongs to our parents, through some scheme of grampanchayat my younger brother has added only his name on the saat baara of the house. There were lots of hurdles put in to get saat bara for my native home as the gramsevak working under the gram panchayat is hard to catch up. I got the saat bara from Zilla Parishad office which had only my Fathers(deceased) and my younger brothers name on it. On checking with my younger brother, I got a response from him that there was some grampanchayat scheme in 1984, wherein the gram panchayat allowed to add the name of the person in saat baara who was staying in that home. Currently our parents home has been destroyed and a new home has been constructed on the same land wherein my elder brothers son is staying. I was never consented whilst this new home was constructed either by my niece or by my younger brother. They have not even paid electricity bill for so many years. The MSEB has taken off the meter for home too. I am not sure how they are staying, but got to know villagers put some wires on the light poles in the evening and rob MSEB of the electricity.

Due to my youngers brother attitude, I've approached a lawyer and asking for a share for everything that was grown in last 40+ years.

I got in touch with the gram sevak only once through mobile that also with help from someone I know in the village. The gram sevak said the gram panchayat tax has not been paid for past so many years. The gram sevak is asking me to pay gram panchayat tax to get a saat bara of my native home. My lawyer has asked me to get a saat bara from the gram panchayat to file a case in the court. At present i do have a saat bara received from Zilla Parishad.

My lawyer has already sent a notice staking a claim on everything my brother and my niece(elder brothers son) owns in the native. The profits from whatever was grown in last 40 years have been shared by my brother and my niece only. Even my elder brother is supporting me as he too was deprived of any share.

The issues I am facing are as below,

1> Not able to get in touch with Gram sevak. I have to travel 10+ hours to reach to my native, but the gram sevak is never available. I believe my younger brother is using his influence to keep me getting any legal docs related to my native home. Where can I escalate a gram sevak's complaint? Also can i take any action on gram panchayat that has allowed my brother to add his name only? And also allowed reconstruction of the home without my consent.

2> Also am i legally bounded to pay gram panchayat tax in the native home where I've not stayed and rather my younger brother and niece has stayed ? Also can a gram panchayat refuse me to get a saat bara for my home inspite of they knowing that I am taking a legal route and need saat bara for my court case?Also will i be the one who will have to pay the electricity bill thats pending? Where can I complaint about a gram panchayat ?

3> Also my lawyer has sent them notices, for which he has not yet received acknowledgements from the post oofice. My lawyer is saying he is still waiting for the acknowledgements to receive. Its beyond a month when notices were sent, my lawyer did not mention the time limit so that my brother and niece gets enough time to think. My brother and my niece already have received the notices as I got calls from my family members not to take a legal route and try to settle within the family. But unfortunately there is no call coming from my brother and my niece. They have evaded me for so long to talk and they are not even trying now, so I am left with no option but to take legal route. Can we take some action on the post office as they've let my brother and niece read the contents of the notices but apparently have failed to share the acknowledgements to my lawyer?

4> Also in case I smell some foul play later by my lawyer, what options do I have? My lawyer is also native to the village and probably its possible he can go rogue on me due to influence of my brother. How is the scenario of losing trust on the lawyer handled? What is the process of changing a lawyer where in the case is still in its initial phase of sending notices and all that?

I dont have any financial support, I am going to take a loan on my flat where I am staying currently with my family to aid financially to this court matter.

I am trying to take all worst scenarios in to picture and asking for some genuine legal advise from you experts. Please help!

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5 Replies

Kumar Doab (FIN) 19 June 2018

Which personal law applies in your case?

Or are you all Hindu?

The said property is agricultural land, old parental house, a building?

Who was 1st owner of the said property; your father or his forefathers?

Have the deceased i.e. your father left any valid WILL?

As per your post probably there are no daughter/married daughters left by your father!

Confirm!

Kumar Doab (FIN) 19 June 2018

Succession opens on date of death; by inheritance or testamentary succession (in case of valid WILL by deceased owner/testator).

If WILL exists then IT is to see the light of the day and is to be duly acted upon without any cloud on IT.

In case of Hindu male the 1st right 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 deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of husband.

If property is acquired from parents side and 1st right is of her sons, daughters…………and if sons and daughters are not available then legal heirs of father.

IT is mandatory to probate the WILL in the areas of Bombay, Calcutta, and Madras.

It is not mandatory to probate the WILL in the area of Delhi. It is not mandatory to register the WILL. IT is not mandatory to notarize the WILL. The WILL should just be valid. Unregistered WILL can be acted upon. The last valid WILL ( even on plain paper /even if handwritten) prevails.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has 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. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time. If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary. If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL. If WILL is not valid IT cannot be acted upon matter shall be decided by inheritance as per provisions of personal law that applies. The legal heirs may also consider perspective of registered family settlement after the WILL and register it.

Check locally for compliance with procedure and obtain certified copies even if thru RTI. After due compliance concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records. Thereafter obtain copy of updated mutation records. For partition by boundaries legal heirs/beneficiary can either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..

If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies. Although it is wrong since the WILL exists.

Check locally for procedure and compliance as suggested above

Kumar Doab (FIN) 19 June 2018

Apparently the lawyer has demanded mense profits and probably partition by boundaries..

The expenses of tax payments can be shared equally by all legal heirs..

If the legal notice was sent by Redg/speed post obtain tracking report from

www.indiapost.gov.in

Your lawyer must have provided you with a copy of receipt issued by post office and also copy of legal notice.

The sub postmaster of PO from which cover was booked can also be approached to get acknowledgment/delivery of cover.

The RTI route can also be pursued to get certified copy of run sheet of postman.

The RTO route can also be pursued to get mutations record with all link docs, forms signed and submitted and said Grampanchayat schemes etc etc

If the matter lands up in court of law then court can summon all docs…

The current lawyer has just sent the legal notice and if you have already paid the fee then you can go ahead and engage a very able Senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ revenue codes… and having successful track record…. and worth his/her salt…..and show the case related docs, inputs etc etc for a considered opinion..

Ask your LOCAL lawyer how to get possession of your share ASAP, time and expenses involved.

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Kumar Doab (FIN) 19 June 2018

The calls by relatives are indication that legal notice has been delivered.

If they agree their evidence may be of use and help.

If you wish ; the legal notice copy with receipt of Redg post/delivery report may also be sent by email/whatsapp..

If the relatives, elders, well wishers, panchayat ….. are willing to mediate, arbitrate, conciliate the matter to your satisfaction then if you wish you may prefer IT and ask everyone to sign partition/family settlement deed ( with boundaries) and register IT. All controversies/contentions/disputes e.g;……who labored to till the land/who handled demolition of old building and construction of new building, expenses to maintain etc etc can be discussed and resolved… beforehand.

Thereafter get updated copies of mutations records …

This can be quickest, easiest, economical recourse.

If you wish you can keep your share or dispose IT.

If you are willing you can sell to other Co-sharers..or anyone else.

Jagdish 20 June 2018

Yes we are a hindu family and the house is registered against my fathers name. And there is no will created by parents. Its just that after my mother died, my younger brother did add his name to the saatbara in the year 1984, which we were not aware. At this point of time the saatbara received from Zilla Parishad has my fathers and my younger brothers name. The said property was a old parental house which was demolished by my niece and a new house was built in there.