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JHello everyone,
I am initiating the Fauti Batwara (property distribution after death) process in Chhattisgarh for a property that is currently in the name of my late father. He has four children, including me.Out of the four legal heirs:
– Two of us are interested in equal distribution of the property.
– The other two are not interested and are on good terms with us. They are willing to surrender (haq tyaag) their rights in our favour.
Here’s the confusion:
I consulted a couple of local lawyers, and they advised that:– I should not include the names of the two uninterested parties in the application (aavedan) to the Tehsildar,
– Their logic is that the names will be notified through newspaper publication, and if they don’t respond, the property will get divided between the two interested parties by default.
However, I am concerned that:
– Not including them might look like we tried to bypass them,
– It may hurt our current good relations,
– And worst-case — they might later dispute the mutation, claiming they were never notified or didn’t formally surrender their rights in front of the authority.
My question:
Should I include the names of all four legal heirs in the application and let the two uninterested parties formally surrender their rights (give written consent or statement) in front of the Tehsildar?
Or should I go ahead as per lawyer’s advice and include only the two interested parties’ names?
Looking for suggestions based on legal correctness and long-term family peace. Thank you.
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