ANNEX-67
No. 3492/17-Rehab/2P-82/79
Dated,Calcutta,the 23rd April,1981
From : The Deputy Secretary to the
Government of West Bengal.
Government of West Bengal.
To :
-
The Refugee Rehabilitation Commissioner, West Bengal,
10, Camac Street. Calcutta-700 017 - The District Magistrate,Deputy Commissioner
Sub : Allotment of plots and conferment of right and title.
The undersigned is directed by order of the Governor to say that as a measure of rehabilitation of displaced families, homestead plots were/are being allotted in G.S. Colonies or squatting in approved squatters colonies were/are being regularised with the clear intention that the beneficiaries of the allotment will be all the members of the family on record though the allotment order was issued in the name of one member of the family as 'Karla' or defacto head of the family who might have been the eldest brother or else as per composition of the family as recorded at the time of allotment of the plots. Although allotments could not/can not be made to a family in the abstract sence, it follows and it is confirmed that the allottee in a case obtained the allotment order on behalf of the other members who were shown as comprising the family, as well.
2. The undersigned is. therefore, directed to say that the conveyance deeds, lease-hold or free-hold as may be approved from time to time, which have not yet been executed, shall have to be executed by all the persons who were shown as comprising the family his legal heirs, if any was dead, if the actual allotment order was not issued in favour of a common proposttors or if there was not common propositor amongst the person whose names were recorded in the allotment register as comprising the family.
3. The cases where deeds have already been executed and registered in favour of one member excluding the other members of the family, the rehabilitation of the other members of the family shall also be deemed to be covered by the allotment. even though it was made to one member of the family as Karta or defacto head of the family. In such cases, the allotment will be in the nature of a constructive trustee for the other members of the family. He will be found in a fiduciary character to project the interests of the other members of the family, as he was well aware of the fact that the allotment to him was made for the rehabIitation of all the members of the family including the allottee and he held the allotment for the benefit of all the members of the family on record.
4. The undersigned is to add that all pending cases may be disposed of on the principle/clarification as given above.
2. The undersigned is. therefore, directed to say that the conveyance deeds, lease-hold or free-hold as may be approved from time to time, which have not yet been executed, shall have to be executed by all the persons who were shown as comprising the family his legal heirs, if any was dead, if the actual allotment order was not issued in favour of a common proposttors or if there was not common propositor amongst the person whose names were recorded in the allotment register as comprising the family.
3. The cases where deeds have already been executed and registered in favour of one member excluding the other members of the family, the rehabilitation of the other members of the family shall also be deemed to be covered by the allotment. even though it was made to one member of the family as Karta or defacto head of the family. In such cases, the allotment will be in the nature of a constructive trustee for the other members of the family. He will be found in a fiduciary character to project the interests of the other members of the family, as he was well aware of the fact that the allotment to him was made for the rehabIitation of all the members of the family including the allottee and he held the allotment for the benefit of all the members of the family on record.
4. The undersigned is to add that all pending cases may be disposed of on the principle/clarification as given above.
Sd/- R. C. Ganguly
Deputy Secretary
Deputy Secretary
