If you are stuck in such a situation, here is what to do.

A gentleman, Mr. Alok, finds his family in a severe financial and legal crisis. His maternal great-grandfather, who had two wives, had purchased a parcel of land from his own earnings. In the 1990s, he executed a valid will, bequeathing this self-acquired property exclusively to the three daughters from his second wife, one of whom was Mr. Alok’s grandmother. The daughter from the first wife was not included in the will, as she was financially independent.

After the great-grandfather passed away, his three daughters, including Mr. Alok’s grandmother, lawfully obtained a legal heir certificate in 2007 from the local authorities. Based on this certificate and the will, they partitioned the land amongst themselves, and each took possession of their respective shares. For over a decade, they have been maintaining and paying taxes for their portions.

The family’s troubles began recently. In 2022, one of the cousin’s mortgaged his share of the land to secure a loan. In 2023, another cousin sold his share without any legal impediment. However, when Mr. Alok’s mother, who is now a widow and facing significant debt from her late husband’s medical treatments, attempted to sell their share, they hit a roadblock. A relative, driven by a personal grudge, managed to get the 2007 legal heir certificate cancelled by an order from the local Revenue Officer (Tehsildar). This was done secretively, without issuing any notice or providing an opportunity for Mr. Alok’s family to present their case. The relative is now attempting to illegitimately introduce the descendants of the first wife’s daughter into the property dispute, despite the clear terms of the will.

Advice in such cases

The situation described is a classic case of misuse of administrative processes to settle personal scores and illegally obstruct rightful ownership. The cancellation of a 17-year-old legal heir certificate, especially without notifying the affected parties, is a gross violation of the principles of natural justice and is legally challengeable.

• Understand the Jurisdiction: A Revenue Officer or Tehsildar has a very limited role. They can issue or cancel heirship certificates for summary purposes like updating revenue records or for pension claims. They do not have the power of a civil court to adjudicate on complex matters of succession, especially when a registered will is involved. The validity and execution of a will can only be decided by a competent civil court.
• Violation of Natural Justice: The most fundamental principle of law, ‘Audi Alteram Partem’ (hear the other side), has been violated. No order can be passed that adversely affects a person’s rights without giving them a fair hearing. This makes the Tehsildar’s cancellation order highly vulnerable to being quashed by a higher authority or court.
• Obtain All Documents: The first step is to apply for certified copies of the entire file from the Tehsildar’s office. This includes the complaint filed by the relative, any report prepared, and the final order of cancellation. These documents are crucial for mounting a legal challenge.
• Challenge the Order: The illegal order can be challenged through multiple avenues. An appeal can be filed before a superior revenue authority, such as the Sub-Divisional Magistrate (SDM) or the District Collector/Magistrate. Alternatively, a writ petition can be filed directly in the High Court under Article 226 of the Constitution, challenging the order as arbitrary, illegal, and passed without jurisdiction and in violation of natural justice.
• File a Declaratory Suit: For a permanent resolution, a comprehensive suit for declaration of title and permanent injunction can be filed in the competent civil court. This suit would seek a declaration that your family are the rightful owners based on the will and the subsequent partition, and an injunction to permanently restrain the relative and anyone else from interfering with your possession and sale of the property.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This case involves civil and revenue laws, not criminal statutes like the Bharatiya Nyaya Sanhita (BNS) or Bharatiya Nagarik Suraksha Sanhita (BNSS).

• The Indian Succession Act, 1925: This Act governs wills and succession. A valid will (testamentary succession) overrides the general rules of inheritance (intestate succession). The will executed by the great-grandfather is the primary document establishing ownership.
• State-Specific Land Revenue Acts/Codes: The powers and procedures of the Tehsildar are defined by the respective state’s land revenue laws. These laws also provide for appeals against the orders of revenue officers.
• The Specific Relief Act, 1963: This Act provides the remedy of filing suits for declaration of status or right and for obtaining injunctions to prevent the breach of an obligation.
• The Constitution of India: Article 226 gives the High Courts the power to issue writs to any person or authority for the enforcement of fundamental rights or for any other purpose, which includes quashing illegal administrative orders.

If you are the complainant

If you are in the position of the relative who wants to challenge an existing inheritance arrangement, it is crucial to follow the correct legal procedure to avoid wasting time and resources on incorrect forums.

• Choose the Right Forum: A Tehsildar’s office is not the proper forum to challenge a succession based on a will. You must approach a competent civil court.
• File a Civil Suit: The correct legal remedy is to file a civil suit. You could file a suit for partition, challenging the validity of the will on grounds like fraud, coercion, or improper execution. You must provide strong evidence to support your claims.
• Limitation Period: Be mindful of the law of limitation. There is a specific time frame within which a will or a partition can be challenged. Delay can be fatal to your case.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are in Mr. Alok’s family’s shoes, swift and decisive action is required to protect your rights.

• Do Not Panic: The Tehsildar’s order is an administrative one and does not extinguish your title to the property, which is derived from a will. It can be challenged and set aside.
• Gather Your Arsenal: Collect all your documents immediately. This includes the original will, the 2007 legal heir certificate, the partition document, and proof of continuous possession like property tax receipts.
• Challenge Immediately: Do not delay in challenging the cancellation order. File an appeal with the higher revenue authority or a writ petition in the High Court at the earliest. The objective is to get the illegal order stayed or quashed quickly.
• Seek an Injunction: While challenging the Tehsildar’s order, it is advisable to also file a suit for a permanent injunction in the civil court to restrain the opposing party from disturbing your possession or attempting to sell the property based on the cancelled certificate.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

The police have a very limited role in such disputes as they are civil in nature. Their primary duty is to maintain law and order.

• No Role in Title Disputes: The police cannot decide who the owner of the property is. They will not interfere in a title dispute and will invariably direct both parties to approach the civil court.
• Preventing Breach of Peace: If the other party tries to forcibly enter the property or intimidate you, you can file a police complaint. The police can take action to prevent a breach of peace, potentially initiating proceedings under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
• Requirement of Court Order: The police will act decisively only if you have a court order in your favour, such as an injunction restraining the other party from entering the property. It is therefore crucial to obtain such an order from the civil court.

FAQs people normally have

What evidence is required?

To successfully fight your case, you will need a strong documentary foundation. The key pieces of evidence include:

• The registered will of the original owner (your great-grandfather).
• The death certificate of the original owner.
• The legal heir certificate that was issued in 2007.
• The partition deed or agreement made between the heirs.
• Up-to-date property tax receipts, electricity bills, or any other utility bills in your name to prove continuous possession.
• Certified copy of the cancellation order from the Tehsildar and the entire case file.
• Sale deeds or mortgage documents of the other co-sharers who have already dealt with their property.

How long will the investigation take?

This is a legal proceeding, not a police investigation. The timeline can vary depending on the legal path you choose.

• Appeal/Revision: An appeal before a higher revenue authority like the SDM or Collector can be relatively quick, often taking between 6 to 12 months for a decision.
• Writ Petition: A writ petition in the High Court can also be disposed of relatively fast, especially when there is a clear violation of natural justice. A stay on the illegal order can often be obtained within weeks or a few months.
• Civil Suit: A full-fledged civil suit for declaration and injunction is a more lengthy process and can take several years to reach a final conclusion. However, the court can grant a temporary injunction at the initial stage, which protects your interests during the pendency of the suit.

Advocate Sudhir Rao, Supreme Court of India