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Indian Law/Property dispute


Dear Sir,
My grandfather had two children- my father and my uncle. My father died in 1972. Till December 1998, we were joint family. In January 1999, with mutual consent but without making a 'Family settlement Deed', we made ancestral property distribution among our self. We took possession of our shares. Everything went well till 2005 when my uncle sold an agricultural land of his portion and thereafter started claiming his right on the property of mine possession by hook and crook. He mortgaged some 60 decimal of land in 2009 of which 15 decimal is from mine portion. He asked me to get adjustment for this in other piece of land which I agreed.

Now, there is a piece of land that stretches North- South length wise, let us call it 'A'. The north half of it (X) belongs to me while south half (Y)to him. North end of X is my entrance while south end of Y is his entrance. He had already erected a room, soon after division, at this entrance gate of Y. He left 3 feet wide entrance through this room while I have left 13 feet wide road for entrance from north of X.   
Boundary walls have already been erected  by me from East and West side of X. However, when I was erecting boundary wall in the middle at the dividing line of X and Y in June 2012, he objected.  I t is to be noted that I have already constructed a new pacca house in X.
At this juncture, he raised dispute that he has entrance from my side. He dug out the bricks of boundary wall being constructed. He was ready to fight.
It is worthy to be noted that he had sworn in an affidavit in which the signatures of my elder brother and that of witness are fraud. The photocopy of this affidavit is with me.
Now, in such a situation,
1. What legal assistance must I seek for his high- handedness?
2. What should I do for 'Family settlement Deed'?
3. What should I do to get ride of his greed?
Yours sincerely,
Devendra Kumar Singh

First of all ownership of the property does not pass unless a properly executed Conveyance-Deed is executed and registered.Even if you executed any Settlement-Deed,that requirement is a must.Then and then only , necessary changes will be made in the revenue records.
In view of the above, in the instant case , after the death of your grand-father, if he died intestate ,his wealth will devolve upon his legal heirs as per the provisions of the Hindu Succession Act.Further, as per the provisions of the said Act, the property will devolve equally amongst the Class-I legal heirs comprising your grand-mother and her children etc. and in the absence of the same, upon class-II heirs comprising your grand-fathers father,brothersetc.The same channel will be applicable after the death of your father.To obtain the Succession Certificate, one of the beneficiaries have to apply to the court.
So,it seems some illegal transfers have taken place on the above matter.Further, some forgery has also taken place due to false and miss-statements made while submitting the Affidavit.Therefore , immediately a criminal complaint should be lodged before the trial court.
You may also execute a "Family Settlement Deed" as on date to maintain peace and cordial relation within the family and also for equitable distribution of wealth.It will also save the reputation of the family.That will also require registration.
Please take above actions in consultation with a suitable lawyer.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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