Approach court and seek others to direct revenue authorities to remove the names of 2 legal heirs pending hearing and final disposal of partition suit
2) your names cannot be added as suit is pending for partition
VAO is not prepared to issue patta for partial heirs
According to my grandfather's will, my six siblings and I became the property owners. Currently, there's a partition suit ongoing in court. When we asked the local VAO for individual pattas, we were informed that they couldn't provide them due to the pending case. However, upon checking the patta details last week, I noticed that the names of two legal heirs were already listed alongside my grandfather's name. When we requested to add the remaining heirs' names, our request was denied due to the legal case. What steps can we take to either remove the names already listed or add ours? We're concerned that the two named heirs are leveraging their financial and political influence. How should we proceed legally?
Asked 3 months ago in Property Law
Religion: Hindu
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7 Answers
Your requirement is succession certificate which is issued by Tahasildar in Tamil Nadu through online or offline application. In your case as the suit for partition is pending in civil Court such certificate cannot be issued till the disposal of case and it will be issued as per the direction issued by Court in partition decree. Approach the civil Court and obtain a order to the effect that the mutation made in revenue records will be subject to orders passed in the decree. This order will protect your rights in the property.
Their names have been included in patta of the property in dispute. If so, it is done during the course of proceedings which is invalid in the eyes of law. As their names has been included in patta, they cannot acquire title.
G.Rajaganapathy
Advocate
High Court of Madras.
The VAO may be a corrupted person or may be under political pressure hence he favoured a few.
Please remember that the VAO is not the authority to add or remove the name in a patta.
It will be signed by the tehsildar only.
Once the pending case is disposed then on the basis of court order you can get separate patta for the share of property allotted to you by court.
Until then you cannot get any relief.
Dear Client,
Regarding the property pattas you should now write a legal notice to the local VAO and the two identified heirs to inform them of your position as co-owner as per your grandfather’s will and to demand them to include the name of the remaining heirs in the pattas. If your request is turned down, you should file an application in respect of the pending partition suit for an order to be made to the VAO to cause the pattas to be brought up to date. It is important to document any communication made to and from the VAO and the named heirs since this may be of value in the court. For any notifications and dealing with a lawyer in a court, it will be wise to seek the services of an attorney who has transitioned in property law. Some of the legislative statutes on the topic include The Indian Succession Act of 1925, the Hindu Succession Act of 1956 and the Partition Act of 1893.
Hope you find this answer beneficial for resolving the dispute.
- You can move an application before the VOA for adding all the legal heirs names which is mentioned in the Will written by the grandfather after submitting his death certificate and the names of two persons whose names are there.
- If refused , then move an application before the same Court where the partition suit is pending for giving the direction to the VOA either to add others name of to remove the same.
You need to approach court or appeal to the written order of the officer with its appellate authority
