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Hemant donde (ENGINEER)     26 March 2017

Na plot share

Dear Sir,

Just recently uncle came to us for taking signature regarding some land we own. He told that land is reserved for school and that we hardly have some share in 2240 m2 . when we searched for documents we got an affidavit signed by my grandfather in front of exective magistrate in which it was mentioned 6 hectors in one survey And 4 hectore in other survey which my grandfather had distributed between my father and uncle. In one sector 72 plots +open space +school. in other sector 45 plots +open space.this affidavit is in 11.4.1981. when we searched for karedi khat in year of 1978 , there are three co holder 1.grand father2. aunt 3.unknown person.

My question is should we do against my uncle who is saying that he had purchased land from my father and money was taken by my father in return.Does affidavit have any value ,since my father passed in 1999 and grand father in 1982 just after plotting was done.Also my father sister says my uncle had promised 325 m2 plot to my father.

Now my uncle has sold 1868 m2 out of 2240 in November 2016 and person who has purchased had made boundry on entire 2240 m2.  In regards to 2241 m2 reserved for school, we are left with 373 m2. In this we do not know how much share will come for us since we have one aunt who is 65 yrs old and other is 75 yrs and married before 1995 .whether all will have share as 186 m2 i.e. (747/4) (747/father+uncle+2 sisters) or it will be747/3 (249 m2) and 747/4 (62 m2) comes 249+62(father), 249+62(uncle), 62m2 for two sisters each.

Can we take harkat/objection on basis of affidavit which says 1/4 share of 6 hectore 66 R Should be given to my father (1HECTOR 66R) AND OTHER1/4 hector which my uncle has given to his wife.

Thanks , Regards Hemant 



Learning

 7 Replies

Kumar Doab (FIN)     26 March 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     26 March 2017

The owner alone can dispose the property owned by him/her by a valid/registered deed e.g; sale/gift/WILL.

The concered deed that alienates the property should be registered (except WILL) and due duties/fee etc be paid.

The said affidavit may not necessarily be even a valid WILL or a MoU or partition or family agreement etc etc .

What exactly it is and what is its worth and validity is not known to us.

Kumar Doab (FIN)     26 March 2017

You may approach a very able counsel specializing in revenue matters

(of unshakable repute) at your location, and show this affidavit and complete mutation records (of all properties, starting from origin/mother document e.g; Shajra-e-Aks) and link documents. The concerned revenue office/official can provide say; Patwaari.

Revenue Matters is altogether different field of law and in each location their few counsels that specialize in it and they are very well known.

Your counsel can also opine the nature of property is self acquired or ancestral or joint or HUF etc etc and if the said affidavit has any legal validity or any sanctitiy or not.

Kumar Doab (FIN)     26 March 2017

Depending upon personal law that applies in your case e.g; Hindu Succession laws the share of each Legal Heir (of your grandfather for the properties that were self acquired or ancestral in his hands) can be determined, as per extent applicable rules and laws.

The stakes are high hence preferably proceed further under exert advise of your very able counsel.

Hemant donde (ENGINEER)     26 March 2017

Dear Sir,I belong to maharashtra state.we are confused at this point as to whether we should take harkat(objection) to the notice that talathi is going toserve or else be happy with whatever we get. We are just worried about hardway since law takes time,money .Anyways thanks .regards hemant

Hemant donde (ENGINEER)     26 March 2017

Dear Sir,I belong to maharashtra state.we are confused at this point as to whether we should take harkat(objection) to the notice that talathi is going toserve or else be happy with whatever we get. We are just worried about hardway since law takes time,money .Anyways thanks .regards hemant

Kumar Doab (FIN)     26 March 2017

The counsel that has examined all docs and records and inputs can advise you the best in such matters.

If you are satisfied with the truthfulness of the share being offerred to you (with backing record) then you may carefully get by measurements/sides/boundaries.

If Not: Registered family agreement may be avoided.

If yes: Registered family agreement is an option.

Rest is upto you.

Prefer to consult at your location before you act.

 

 


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