I am questioning if a Quite Title Suit is needed on minerals acquired by deeds dated 1939, from heirs of restricted Indians without court consent. The BIA has confirmed their records don’t reflect court approval however that process was not actually established until the 47 Act. The BIA representative further references Section 2 of the Act of July 2, 1945, Act of July 2, 1945 Circle 9 is willing to release a sizable amount of back royalites. They will drop the requirement of a Quite Title Suit, if we forgo the statuary interest in the amount of $1990.16. Clearly their title attorney did not agree that the deeds gave marketable title. Thoughts???
There is the possibility that the land went to the tribe upon her death per the AIPRA (American Indian Probate Reform Act), like it does for Allottees with no Will and no legal heairs, to avoid a Tribal Probate or it being subject to State probate rules. AIPRA may not reach back that far, though, because it was instituted in 2004. Sounds like a tricky one.
Understanding the American Indian Probate Reform Act of 2004 may be helpful too.
Thanks for your response Ryan! The notes show original Allotter’s estate was probated and the rightful heirs were the ones who deeded to the current owner. The only thing being questioned is if court approval of the deeds was required in 1939…I agree this is a tricky one, at least for me!