Hello,
Brief : After the death of my father, his brothers are claiming to have share in his property. They did not ask for it for 22 years. Apart from this land, all other lands and assets were equally divided by my grandfather.
1) My Grandfather - now deceased (A) divided his agricultural property equally between his sons and his daughters somewhere around 1980s. Although to afford the education and well-being of the all the son, “A” gave one acre of land to someone (B) on lease for 10000 rupees dated 1978. I have the documents for the lease, in hindi its written as "baya kar di he, bech di he" for 90 years.
2) Somewhere around 1985 my father now deceased (C) paid 50000/- and got the land back to "A’s" name. This was openly discussed among all claimants of "A" and none had money, so everyone agreed whoever pays money will enjoy the land. Only issue was just to keep family above personal life "C" got this land back on "A’s" name.
3) In 1991 "A" realized the mistake and got this land transferred to "C" name in tehsildar's office and once again no one objected. Decree was carried out in 1991 for this and my A was present in front of tehsildar.
4) Now as the value of property has gone up, two bothers of "C" want the share as they claim to have birth right on the land.
Their Claim:
1) "C" played fraud and for "A" signature on blank papers when he was ill and not in good state and got the land transferred to his name.
2) That the C's brothers did not know about this transection until last year (22 years later) whereas everyone knew about it. Half of the village is witness to this.
My Questions:
1) Is there anything like mercy that should be considered here? Everyone agreed to this transaction as they were all in good jobs and “A” asked C to help him in agriculture and did not send him to school. “A” has worked in farms throughout his life. We have the Kabza on the land from last 30 odd years and have been farming on this land. “A” widow is also uneducated and dependent on farming.
2) Now “A” transferred land to C in full sense in front of tehsildaar, isn't it legal?
3) Land is currently on the legal heirs of “C”.
I might have missed some details here, please let me know any question you may have.
Thanks for your help !
