The case presented by Mr. Naresh Kumar Jaiswal highlights critical legal and systemic challenges regarding inheritance in India. Here are the key takeaways from the blog post:

1. The Legal Nature of Ancestral Property

• Birthright: In Hindu law, a son (or daughter) acquires an equal right to ancestral property by birth. It is not a gift from the father but a legal entitlement.
• Definition: To be “ancestral,” the property must have remained unpartitioned for four generations of male lineage.
• Custodian vs. Owner: The father acts as a Karta (manager/custodian). He cannot sell or “will” away ancestral property for personal gain; he can only sell it for “legal necessity” or the “benefit of the estate” with the consent of all heirs.

2. Criminal vs. Civil Dimensions

• Breach of Trust: Selling undivided ancestral property without the consent of the coparceners (heirs) can be treated as a Criminal Breach of Trust and Cheating under the Bhartiya Nyaya Sanhita (BNS).
• Fraudulent Sale: If a father represents himself as the sole owner of a joint property to a buyer, it constitutes a fraudulent act that warrants police intervention, not just a civil lawsuit.

3. Systemic Failures in Redressal

• Police Apathy: There is a documented tendency for local police (as seen in the Chilh station reports) to dismiss property fraud as a “civil matter” to avoid filing FIRs, often using psychological pressure to close grievances.
• Legal Misinformation: The complainant faced hurdles because local advocates claimed a partition suit cannot succeed while the father is alive. This is legally incorrect; a son can demand partition at any time, regardless of the father’s consent or survival.

4. Socio-Economic Consequences

• Family Destabilization: Property deprivation often leads to secondary legal battles, including domestic violence and maintenance claims, as the primary source of financial security is stripped away.
• Weaponizing Mental Health: Perpetrators may attempt to label the claimant as “mentally unstable” to discredit their legal standing and protect the fraudulent transactions.

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Recommended Next Steps

• Challenge the “Closed” Status: Since the grievances were closed without merit, the next step is to file an appeal with the Divisional Commissioner or approach the High Court via a Writ Petition for a fair investigation.
• Secure the Land Records: Obtain a “Certified Copy” of the land deeds to confirm the property’s ancestral status before initiating a formal Suit for Partition and Injunction.

This blog post explores the legal and social complexities of ancestral property rights in India, specifically focusing on the grievances raised by Mr. Naresh Kumar Jaiswal regarding his father’s actions in Mirzapur, Uttar Pradesh.

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Betrayal of Heritage: When Guardians of Ancestral Property Become its Encroachers

The concept of ancestral property in India is not merely about land or wealth; it is a spiritual and legal continuum that connects generations. However, a growing number of disputes, such as the case of Naresh Kumar Jaiswal vs. Ashok Kumar Jaiswal, highlight a disturbing trend where the very “Karta” (manager) of the family property is accused of using fraudulent means to deprive legal heirs of their birthright.

When the state machinery and local law enforcement fail to intervene, a civil dispute transforms into a cry for justice against systemic corruption and criminal breach of trust.

Understanding the Legal Core: What is Ancestral Property?

To understand the gravity of this grievance, one must first understand the legal definition of ancestral property under Hindu Law. A property is deemed ancestral if it has been inherited through four generations of male lineage without being partitioned.

• Right by Birth: Unlike self-acquired property, where a father has the absolute right to sell or gift it to anyone, a son (and now a daughter) acquires an equal right in ancestral property the moment they are born.
• The Role of the Karta: The father or the eldest male member acts as a “Karta.” Legally, he is a custodian, not an absolute owner. He can only dispose of ancestral property under specific circumstances: “Legal Necessity” or the “Benefit of the Estate.”

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The Grievance: A Tale of Deception and Institutional Apathy

In the case of Mr. Jaiswal, the allegations point to a calculated “conspiracy” involving his father and younger brother. The core of the complaint suggests that the father is selling off undivided ancestral land to third parties without the consent of the other stakeholders.

1. The Allegation of Fraudulent Sale

Mr. Jaiswal asserts that because the property remains undivided, his share is equal to that of his father. Selling such property without a formal partition or the consent of the heirs constitutes a Criminal Breach of Trust. Under the Bhartiya Nyaya Sanhita (BNS), specifically Section 318(4) and Section 19 (Cheating by Personation), such acts are punishable.

2. The Failure of Local Law Enforcement

A significant portion of the grievance is directed at the Police Station Chilh in Mirzapur. The complainant alleges that instead of investigating the “cheating” aspect, the police have:

• Used psychological pressure to close grievances.
• Attempted to “brainwash” the complainant into withdrawing his claims.
• Submitted cryptic reports to senior officials to manage the closure of files without merit.

This highlights a terrifying reality: when the police treat criminal property fraud as a “purely civil matter,” they embolden the perpetrator and leave the victim vulnerable.

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The “Catch-22” of Legal Representation

One of the most striking elements of this case is the complainant’s struggle to find legal counsel. He reports that local advocates are hesitant to file a partition suit because the father is still alive and withholding consent.

This is a significant legal misconception. Under the Mitakshara school of Hindu Law, a coparcener (the son) does not need the father’s consent to file a partition suit if the property is truly ancestral. The advice given to Mr. Jaiswal—that he cannot succeed in court while the father is alive—appears to be a barrier preventing him from accessing the judiciary.

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Collateral Damage: Domestic and Financial Ruin

The deprivation of property rights rarely happens in a vacuum. In this instance, the family dispute has bled into other legal battles:

• Maintenance and Dowry Cases: The complainant’s wife has instituted cases for maintenance and domestic violence. Mr. Jaiswal argues that these disputes are a direct result of his father’s fraudulent activities, including the misappropriation of dowry ornaments.
• Character Assassination: In a desperate bid to delegitimize the son’s claims, the father has allegedly labeled him “mentally ill” without any medical evidence. This tactic is often used in property disputes to question the legal standing of the heir in a court of law.

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The Role of the Government Machinery

With the grievance now reaching the Chief Minister’s Secretariat and Shri Arvind Mohan (Joint Secretary), the focus shifts to accountability. The complainant’s frustration with the “largest democracy in the world” stems from a sense of lawlessness where the police appear to protect the “encroacher” rather than the “peace-loving citizen.”

For a democracy to function, the administrative machinery must ensure that:

1. Grievance Portals (IGRS/UPG) are not just paper trails: Cases should not be “closed” simply because a local officer submitted a one-sided report.
2. Criminal elements in civil suits are identified: While land ownership is civil, the act of forging documents or selling property that doesn’t belong to you is a criminal offense under the BNS.

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Moving Forward: What Can Be Done?

If you find yourself in a situation similar to Naresh Kumar Jaiswal, where your birthright is being sold from under you, consider these steps:

• Certified Records: Obtain the Khatoni (Records of Rights) and trace the history of the property to prove its ancestral nature.
• Public Notice: Issue a public notice in local newspapers stating that the property is ancestral and any buyer purchasing it from the father alone does so at their own risk.
• Injunction Suits: Instead of just a partition suit, file for a Permanent Injunction to stop the sale of the property until the partition is decided.
• Challenge the Police Report: If the local police (like those in Chilh) refuse to register an FIR for cheating, the victim can approach the Magistrate under Section 156(3) of the CrPC (now relevant sections of BNSS) to direct the police to investigate.

Conclusion

The case of Mr. Jaiswal is a somber reminder that the law is only as good as its implementation. When a father betrays the trust of his lineage, and the police look the other way, the “Right to Property” becomes a hollow promise. It is the duty of the higher authorities in Uttar Pradesh to ensure that the investigation into these grievances is transparent, unbiased, and strictly according to the merits of the law.

Justice delayed is not just justice denied; in property matters, it is an inheritance lost forever.

Based on the grievance details provided and the administrative hierarchy of Uttar Pradesh, here are the structured contact details and application identifiers for the public authorities involved in your case.

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1. Case Identification & Application IDs

You should quote these numbers in all future correspondence with the CM Secretariat or the High Court to show the history of non-redressal.

Registration Number	Date of Receipt	Current Status	Primary Concern
GOVUP/E/2025/0050576	15/05/2025	Received / Pending	Conspiracy & Police Inaction
GOVUP/E/2024/0081433	12/11/2024	Case Closed	Request for FIR under BNS
GOVUP/E/2024/0080446	08/11/2024	Case Closed	Fraudulent Sale & Family Dispute

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2. Concerned Public Authorities (Contact Details)

A. Chief Minister’s Secretariat (Nodal Authority)

This office is currently overseeing your latest grievance.

• Officer Name: Shri Arvind Mohan (Joint Secretary)
• Address: Room No. 321, U.P. Secretariat, Lucknow, Uttar Pradesh.
• Email: arvind.12574@gov.in
• Phone: 0522-2226350

B. District Police Administration (Mirzapur)

Since your grievance mentions “brainwashing” and pressure tactics by the Chilh Police Station, you must escalate to the District Head.

• Superintendent of Police (SP), Mirzapur:
  • Office Address: SP Office, Civil Lines, Mirzapur, PIN – 231001.
  • Official Email: spmzr-up@nic.in
  • CUG Mobile: +91-9454400297 (Standard UP Police CUG for SP Mirzapur)

C. Local Police Station (Subject of Complaint)

• Station House Officer (SHO), Chilh:
  • Address: Police Station Chilh, District Mirzapur, UP.
  • CUG Mobile: +91-9454404044

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3. Important Web Links for Tracking & Escalation

• UP Jansunwai (IGRS) Portal:jansunwai.up.nic.in
  • Use this to check the status of your 2025 application or to file a “Reminder” for closed cases.
• UP Police Feedback/Complaint Portal: uppolice.gov.in
• District Court Mirzapur (Case Status):services.ecourts.gov.in
  • Essential for tracking the Family Court case (UPGK02-002240-2021) mentioned in your records.

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4. Key Steps for Your Next Move

[!IMPORTANT]

Since two of your cases were closed with the remark “महोदय, जांच आख्या संलग्न है” (Inquiry report attached) but you are dissatisfied, the system allows you to file a “Send Feedback/Rating” or a “Reminder.”

1. File a Contempt/Dissatisfaction Note: Log into the IGRS portal using your 2024 registration numbers. Mark the “Rating” as 1 (Poor) and explicitly state: “The inquiry officer at PS Chilh did not examine the property deeds or the BNS sections cited. The closure is arbitrary.”
2. Contact the “Nodal Officer”: Use the email arvind.12574@gov.in to send a formal PDF letter. Attach the proofs of the ancestral nature of the property and specifically complain about the “psychological pressure” used by the local police.

Would you like me to draft a formal “Demand for Re-investigation” letter addressed to the Joint Secretary, Shri Arvind Mohan, specifically citing why the previous police reports were legally flawed?