False legal heir certificate obtained and made a gift settlement deed
16-May-2023 (In Property Law)
Hi Sir, My Father's elder brother has obtained the legal heir certificate from Gram Panchayat in 2004 in Andhra Pradesh now it is Telanagana. He has obtained this without including my Father and my aunty names in the certificate. My father's elder brother has made a gift settlment deed in favour of his son in 2012. We have filed a partition deed on the property in court. My question is how to cancel the legal heir certificate so that we can get share on our property.
you father ought to have filed suit seeking following reliefs i.e.
i). for Partition & separate possession.
ii), for Declaration Declaring alleged Gift settlement deed as Null and void not binding on your father and aunt.
iii). for Declaration Declaring the alleged Legal certificate as null and void and not binding on your father and aunt,. as the same is obtained by playing fraud.
if the said reliefs are not sought, you can seek the same by amending the plaint seekign said relief and there is no need to file a separate suit for seekign said relief.
i). for Partition & separate possession.
ii), for Declaration Declaring alleged Gift settlement deed as Null and void not binding on your father and aunt.
iii). for Declaration Declaring the alleged Legal certificate as null and void and not binding on your father and aunt,. as the same is obtained by playing fraud.
if the said reliefs are not sought, you can seek the same by amending the plaint seekign said relief and there is no need to file a separate suit for seekign said relief.
You are not clear about the case in which you filed partition deed. If you already initiated a partition suit, you can add the relief of cancellation of gift deed in the same suit by making amendment and seek court order for declaring the legal heir certificate as null and void.
Obtaining a legal heir certificate is not much criteria to enjoy the property.regarding the settlement deed where there is no absolute right over the property one can not settle the property by way of settlement deed.
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