Legal Question in Civil Litigation in India

A plot of land with 6 owners. Since my father expired leaving behind me and mother, we both own 1/12 share each.

Everyone had sold their shares without me and mentioned in the deed that I also am the owner of 1/12 th part.

Now the buyers are not letting me sell my share, taking upperhand since they own the majority.

Land measures 42 satak.

Registration is done on 32 satak. The rest 10 sataks are also purchased by them in cash without registration without me.

What should I do.

Also since one of the co sharers is suffering complete paralysis and loss of mind, his signature has also been forged and the money is taken by 2 of my uncle's who are co sharers too.

Can any case be lodged against them?

Please help!

S ghosh, 9830063816.

Asked on 9/01/13, 4:04 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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02.09.2013

Dear S Ghosh,

I am not quite following your query in terms of the arithmetic. For the land admeasuring 42 sataks in the name of six Owners, then each Owner including your father has 7 sataks of land appropriated in his / her name. By virtue of your father's demise, you and your mother are entitled to 3.5 sataks of land each in your respective names. Now if the other five Owners have sold their shares, the total area of land sold and registered by them ought to be 35 sataks (5 * 7) and you mention that 32 sataks were registered. How come ?

Your father's share of 7 sataks cannot be legally deemed to have been purchased without your explicit consent and approval, and without the deemed Owners of your share, having paid you and your mother the prevailing market price of the land. You should concentrate and focus your attention on squashing the false sale of your share, and first ask the deemed Owners to produce documentary evidence of them having acquired your share of land and paid you and your mother for it. If they desist from giving you copies of the documentary evidence (which they will never ever have and which will have to be fabricated by them), you should thereafter lodge a Police complaint of cheating against them, and you should simultaneously file a writ petition in the Court against them, to restore your family ownership of 7 sataks in the land.

Regards,

Read more
9/01/13, 9:07 pm

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