Fraudulent entry of name in the khata
3 months ago
My father is a kartha of joint family properties of his deased father. His cousin(uncle's son) while he was president of municipality, entered his name, now the khata shows both my father and his cousin name jointly. We didn't get any notice or intimation from the municipality. Upon knowing this fraud, we pursued the matter through RTI, appeals and finally got the reply from municipality that during the cousin's tenure as president this has happened and there is no supporting document on why and how the entry is done. We sent a notice based on the RTI reply to both municipality and the cousin to rectify it. No reply, meanwhile the cousin passed away. Now, should we file fraud case or declaration?
Note: cousin never claimed the rights nor he is in possession.
To address your situation, it is advisable to file an appeal before the relevant authority or initiate legal action, such as filing a suit for partition. Seek guidance from a local civil advocate who can provide appropriate advice after reviewing all relevant documents.
You have to file appeal before concerned authority or file a suit for partition etc, as may be suggested by your local civil Advocate after seeing all the relevant documents.
A property belonging to a HUF belongs to all the members. Coparcener denotes 'Joint Heir' in a Hindu undivided family (HUF) who shares legal rights for inheriting property, title, and money as defined under Hindu Succession Laws. Owing to his fiduciary role in the family, Karta of HUF is expected to make decisions for the general well-being of the family and its businesses. Given the situation, your father being Karta of HUF needs to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 read with Section 151 of CPC before the competent Civil Court requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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