Illegal sale of property
B@75BHAIBABU
(Querist) 20 July 2012
This query is : Resolved
my father had two bigha land in westbengal.RSrecord is showing that land is in the name of my father.but since my father lived outside westbengal and the land was given to my uncle to lookafter it, he took advantage of it and during LR record he recorded it in his name.and after that he sold the land to some other persoN 23 YEARS AGO.now sir we want to teach a lesson to our uncle.1)can we demand in court equal amount of land of my uncle that he possesses instead of the one that he has sold?can we demand share of produce of crop past 23 years?3)what other penalty can we demand against our uncle?4)what type of other charges can be brought against him?what type of monetary demand can be claimed to teach him lesson.
Devajyoti Barman
(Expert) 20 July 2012
It is too late now. You have to now file a suit for partition.
For criminal case time is no more in your side now.
ashutosh mishra
(Expert) 20 July 2012
Although it is true to say that you can not proceed for a criminal case against your uncle but I fail to understand What for a partition suit is being advised by Barman Sir!
A partition suit lies only where there is joint or co-owned property which is not the case here.
Although allowing 23 years to pass is a big hurdle to get relief by civil action too unless you successfully prove knowledge of fraud committed by your uncle just with in three years.
In my opinion you should file a suit of cancellation of the sale deed executed by your uncle without title making him and his buyer defendant.Buyer would be pleading bona fide purchaser which he shall not be deemed unless he also proves due diligence.
Engage a lawyer who is well versed in Revenue law as well as civil law and proceed.
Good luck.
