Legal Question in Civil Rights Law in India

Dear Prashant Sir,
Please give me one more chance to reframe the actual fact of my previous question.Looking forward for your valuable response.
3 adjoining plots of land measuring 42 satak with 4 owners. My father expired leaving behind me and my mother.
Recent search report shows land in the name of 4 brothers.(My father\'s are 4 brothers & 2 sisters). The 2 sisters name are not reflecting in the search report. Land belonged to grandfather but now it is in the names of 4 brothers only.
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, forcefully 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/my concent.
What should I do? Is it possible to sell in that manner?
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 urgently help!
S ghosh, 9830063816.

Asked on 9/01/13, 11:45 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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02.09.2013

Dear S Ghosh,

As already advised earlier, your father's 1/4th share of 10.5 sataks that you and your mother have inherited, cannot be sold by the others without your explicit consent and approval, simply because they do not become Owners of the entire 42 sataks of land by virtue of their majority ownership of 31.5 sataks. Since they are preventing you and your mother from selling your 10.5 sataks of land in the open market, you should offer them to pay you and your mother the prevailing market value of the 10.5 sataks of land. To further safeguard your interests, you should intimate the Tehsildar / District Registrar in writing that you still own the 10.5 sataks of land, and that it is not to be transferred to any other person, without your written consent and approval, to be made by virtue of your specific application to the Tensildar / District Registrar, if and when you actually sell or transfer the ownership of the 10.5 sataks of land at a future date.

Regards,

Answered on 9/02/13, 2:02 am

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