S.D.M. Lalganj arbitrarily transferred matter concerning illegal inheritance, to B.D.O. Halia

 Grievance Status for registration number: GOVUP/E/2024/0007930

Grievance Concerns To

Name Of Complainant

Sadhana Tiwari

Date of Receipt

02/02/2024

Received By Ministry/Department

Uttar Pradesh

Grievance Description

The matter concerns the working of the Lekhpal and revenue inspector under the supervision of Sub divisional magistrate Lalganj, District-Mirzapur. Dayashankar Mishra S/O Shambhu Saran and Hariprasad Mishra S/O Shambhu Saran Mishra cheated the entire property of the applicant by reaping the vulnerability of the applicant. This application concerns the working of S.D.M. Lalganj but to avoid the accountability, the subordinates of S.D.M. Lalganj, district-Mirzapur arbitrarily forwarded it to B.D.O. Halia. This act of the sub divisional officer Lalganj only promotes the corruption in his work which must be controlled by the responsible staff of the government. The applicant was deprived of rights because of the rampant corruption in the working of tehsil Lalganj district Mirzapur and the applicant made the representation before the tahsildar Lalganj but instead of considering her representation it was arbitrarily forwarded to the Block Development Officer Halia, District-Mirzapur . Is it good governance?

Grievance Status for registration number : GOVUP/E/2024/0001722, Grievance Concerns To Name Of Complainant-Sadhana Tiwari, Date of Receipt-07/01/2024, Received By Ministry/Department-Uttar Pradesh

The following remark was made by B.D.O. Halia, district-Mirzapur who himself said that the matter concerns the department of revenue.

प्रकरण में सम्बंधित से आख्या प्राप्त कर निस्तारण हेतु प्रेषित है आख्या संलग्न है उक्त प्रकरण राजस्व विभाग से सम्बंधित है l

The applicant is the daughter of deceased Siyakant Mishra S/O Shambhusaran Mishra whose date of birth is 08 July 1995 quite obvious from the transfer certificate of 8th standard attached as 7th page of PDF document to the grievance. The father of the applicant died on 12 October 2001 which means applicant was merely 6 years 3 months 4 days old and mother had already departed to heavenly abode. Because of security reasons the applicant went to close relatives and when grandfather died in 2005, inheritance was made in three sons and grandmother whose details are below, but the applicant who was Class-I heirs-vi. Daughter of a predeceased son was ignored by the concerned people. Please take appropriate action to safeguard the rights of the applicant. Death certificate and family register is attached as page 1 and 2 of the PDF document to the grievance.

Section 33 of revenue code 2006 states as-. Mutation in cases of succession. - (1) Every person obtaining possession of any land by succession shall submit a report of such succession to the Revenue Inspector of the circle in which the land is situated in such form as may be prescribed.

(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall -

(a) if the case is not disputed, record such succession in the record of rights (Khatauni)

(b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tahsildar.

(3) Any person whose name has not been recorded by Revenue Inspector or is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tahsildar.

In 2022, the Supreme Court ruled that daughters have the right to inherit their parents’ self-acquired property and any other property of which they are absolute owners, adding that this rule would apply even in cases where the parents of a daughter died intestate before the codification of the Hindu Succession Act, 1956.

Class-I heirs-vi. Daughter of a predeceased son

The applicant was class-1 heir in the property of my grandfather who died in 2005 but the property was not inherited in favour of the applicant and the applicant was merely 10 years old at that time. Which is quite obvious from the last page of the attached PDF document to the grievance. They have cheated my entire property dishonestly by colluding with the staff of Tehsil by reaping the vulnerability of the applicant.

Grievance Document

Current Status

Grievance received   

Date of Action

02/02/2024

Officer Concerns To

Forwarded to

Uttar Pradesh

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350

Grievance Status for registration number: GOVUP/E/2024/0001722

Grievance Concerns To

Name Of Complainant

Sadhana Tiwari

Date of Receipt

07/01/2024

Received By Ministry/Department

Uttar Pradesh

Grievance Description

The matter concerns the working of the Lekhpal and revenue inspector under the supervision of Sub divisional magistrate Lalganj, District-Mirzapur.

Dayashankar Mishra S/O Shambhusaran and Hariprasad Mishra S/O Shambhusaran Mishra cheated entire property of the applicant by reaping vulnerability of applicant.

The applicant is the daughter of deceased Siyakant Mishra S/O Shambhusaran Mishra whose date of birth is 08 July 1995 quite obvious from the transfer certificate of 8th standard attached as 7th page of PDF document to the grievance. The father of the applicant died on 12 October 2001 which means applicant was merely 6 years 3 months 4 days old and mother had already departed to heavenly abode. Because of security reasons the applicant went to close relatives and when grandfather died in 2005, inheritance was made in three sons and grandmother whose details are below, but the applicant who was Class-I heirs-vi. Daughter of a predeceased son was ignored by the concerned people. Please take appropriate action to safeguard the rights of the applicant. Death certificate and family register is attached as page 1 and 2 of the PDF document to the grievance. The applicant married Omkar Nath Tiwari on 12 March 2012 as a copy of the marriage card attached as page 3 of the PDF document to the grievance. Revenue record is page 8 of the PDF document to the grievance.

Section 33 of revenue code 2006 states as-. Mutation in cases of succession. - (1) Every person obtaining possession of any land by succession shall submit a report of such succession to the Revenue Inspector of the circle in which the land is situated in such form as may be prescribed.

(2) On receipt of a report under sub-section (1) or on facts otherwise coming to his knowledge, the Revenue Inspector shall -

(a) if the case is not disputed, record such succession in the record of rights (Khatauni)

(b) in any other case, make such inquiry as may appear to him to be necessary and submit his report to the Tahsildar.

(3) Any person whose name has not been recorded by Revenue Inspector or is aggrieved by the order passed by the Revenue Inspector under clause (a) or (b) of sub-section (2) may move an application before Tahsildar.

(4) The provisions of this section shall mutatis mutandis apply to every person admitted as a Bhumidhar with non-transferable rights or as an asami by the Bhumi Prabandhak Samiti in accordance with the provisions of this Code or any enactment repealed by it.

The family details of late Shambhusaran Mishra.is as follows.

1-Dayashankar Mishra S/O Shambhusaran Mishra

2-Siyakant Mishra S/O Shambhusaran Mishra has expired.

3- Hariprasad Mishra S/O Shambhusaran Mishra

4-Shivshankar Mishra S/O Shambhusaran Mishra has expired.

5-Ramdeiya, widow of late Shambhusaran Mishra, has expired.

In 2022, the Supreme Court ruled that daughters have the right to inherit their parents’ self-acquired property and any other property of which they are absolute owners, adding that this rule would apply even in cases where the parents of a daughter died intestate before the codification of the Hindu Succession Act, 1956.

Section 4(2) amendment

The Section 4(2) of the Hindu Succession Act did not include agricultural lands under its scope of inheritance. This was revoked in 2005 by adding the right to claim inheritance over agricultural lands. The Act was amended to ensure greater equality between men and women, so that women could exercise their rights on the lands they have been toiling.

Class-I heirs-vi. Daughter of a predeceased son

The applicant was class-1 heir in the property of my grandfather who died in 2005 but the property was not inherited in favour of the applicant and the applicant was merely 10 years old at that time. Which is quite obvious from the last page of the attached PDF document to the grievance. They have cheated my entire property dishonestly by colluding with the staff of Tehsil by reaping the vulnerability of the applicant.

Grievance Document

Current Status

Case closed   

Date of Action

27/01/2024

Remarks

प्रकरण में सम्बंधित से आख्या प्राप्त कर निस्तारण हेतु प्रेषित है आख्या संलग्न है उक्त प्रकरण राजस्व विभाग से सम्बंधित है l

Reply Document

Rating

1

Poor

Rating Remarks

The matter concerns the working of the Lekhpal and revenue inspector under the supervision of Sub divisional magistrate Lalganj, District-Mirzapur. Dayashankar Mishra S/O Shambhusaran and Hariprasad Mishra S/O Shambhusaran Mishra cheated entire property of the applicant by reaping vulnerability of applicant. This application concerns the working of S.D.M. Lalganj but to avaoid the accontability, the subordinates arbitrarily forwarded it to B.D.O. Halia. This act of the sub divisional officer lalganj only promotes the corruption in his working which must be controlled by the responsible staff of the government. The applicant was deprived of rights because of the rampant corruption in the working hour tehsil Lalganj district Mirzapur and the applicant made the representation before the tahsildar Lalganj but instead of considering her representation it was arbitrarily forwarded to the Block Development Officer Halia, District-Mirzapur . Whether it is good governance?

Appeal Details

Appeal Number

Date of Receipt

Appeal Text

Current Status

Officer Concerns To

Officer Name

Shri Bhaskar Pandey (Joint Secretary)

Organisation name

Government of Uttar Pradesh

Contact Address

Chief Minister Secretariat , Room No. 321, U.P. Secretariat, Lucknow

Email Address

bhaskar.12214@gov.in

Contact Number

05222226350

To see the attached document to the grievance, please click on the link

Beerbhadra Singh

To write blogs and applications for the deprived sections who can not raise their voices to stop their human rights violations by corrupt bureaucrats and executives.

2 Comments

Your view points inspire us

  1. Here the most relevant question is that why is sub divisional magistrate Lalganj running away from the matter concerning deep rooted corruption in his working?

    ReplyDelete
  2. There is no rule of law in the working of the sub divisional magistrate Lalganj because corruption has overshadowed the rule of law as rule of law requires transparency and accountability which is contrary to the corruption.

    ReplyDelete
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