Legal Question in Civil Litigation in India

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,