Property dispute - change of name without consent of heirs
5 months ago
Property was in name of mother after father expired. Dispute between heirs before and after mother's death. One heir approached Gram Panchayat twice to change name on House tax receipt to include all heirs and Sarpanch called the other heirs to be present at Village in Maharashtra. On both occasions, they did not go and letter was given to keep status quo. On 3rd occasion without pre / post intimation all heirs name was included in the house tax receipt as per the resolution passed in monthly meeting even when there were previous objections by other heirs. After obtaining copy of resolution through RTI, we found that it is mentioned in it that twice the heirs were called. But they did not come which means our previous objections in writing were not considered in the meeting. Also it is mentioned if any problems in future, the applicant (heir who approached for change of name), will sort out the matter or the name will be changed to previous name.
Is Gram Panchayat's decision valid? What can be done by us who want to keep status quo until other property issues are sorted out. Can we write a letter to Sarpanch and Gram Vikas Adhikari to maintain the status quo as proper procedure was not followed for the change of name. We do not intend to approach the court as we, other heirs are staying in a different city and the first heir has occupied the property against our will since last 7 years.
A dispute between legal heirs arising out of an intestate property(without any will) can be resolved on receipt of a Legal Heir Certificate for the competent Authority or a succession certificate from the respective Court. Only a limited number of individuals are eligible to apply for a legal heir certificate in Maharashtra. They need to have the following relationship with the deceased: Father or mother, Spouse, Married or unmarried daughter/son and Sister or brother. Certain documents are required for a legal heir certificate in Maharashtra to complete the application process. These include Identity proof, Address proof of the deceased, A notarised affidavit, Proof of birth and identity, Address proof of all legal successors, and A court fee of Rs. 1.25. For a legal heir certificate, you need to visit the Taluk office and look for your district’s Tehsildar. He/she is an authorized officer to issue you an application form for a legal heir certificate which will be filled up and submitted along with the required documents fixing a stamp of Rs.2/-. Upon receiving your application, the Revenue officer and Village administrator will verify your given data and match it with your attached documents. If they find no issue, your application goes to the Tehsildar for processing. Your Tehsildar finally decides whether to issue you this certificate after he/she carefully scrutinizes your case. In the meantime, you are given an acknowledgment receipt. Using it, you can inquire about the status of your application. The issue of a legal heir certificate in Maharashtra takes considerable time. This is because a Revenue officer has to go through different levels of verification to establish a legal relationship between the deceased and his/her successor. So, in dispute between legal heirs with regard to the change of name of legal heirs in the property tax receipt or any other issue, you need to approach the competent authority, i.e, the Tehsildar of the District.
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