Senior Advocate K.K Pal, advocate at Allahabad high court, Lucknow bench talks about how the person can fight for his or her wrong papers which show them dead.
According to him, There is a syndicate which consists of some people in Tehsildar or Subordinate courts who are corrupt in nature and perform these wrongful acts for benefits. And with the help of these corrupt people, any relative of that person can confiscate the property or anything of the person by pronouncing or showing it on paper as dead.
This issue is mainly faced by the people of villages who hold agricultural land in the village. By doing such acts the property of the individual will easily get transferred to the legal heir or second owner or the power of attorney holder of that property.
A power of attorney (POA) is legal authorization for a designated person to make decisions about another person’s property, finances, or medical care. If a report or paper is submitted that shows the other person who is legally binding to be the other owner of that property will get full transfer of ownership of the property.
The major issue for the victim is to prove that they are alive. To fight against this matter the person has to file an appeal in a subordinate court or upper court or follow the hierarchy of the court to proceed with this issue.
As article 227 of the Indian Constitution provides for the power of superintendence over all Courts and Tribunals throughout the territory by the High Courts. The nature of superintendence is administrative as well as judicial.
To overcome this issue the first thing a person can do is to file an application to the Tehsildar of their area that he or she is alive and restore their name and identity. Verification is a must.
To reduce this issue, the transfer of property registry papers also attached a picture of the parties to make it easy to verify the status of the person.
But after many changes still, the system is failing in this matter. And as Advocate K.K Pal stated that in 2019 the matter has been presented in front of the government to make this system a strong and impactful system but still it’s in process.
He said, people have not to worry about this because there is a system which is followed and impactful in nature. The only thing you have to do is fight this situation and approach for good legal advice. You will surely get justice and your status back.