Property issue~ please help

Mohammed Rizwan Shaikh (Querist) 27 May 2012 This query is : Resolved
Dear Experts,

Mr. A is a Land Lord, he holds a big amount of land around 114 acres since past 40 years.

Initially he took a certain amount of Land ad-measuring 101 acres for Quarry business, (as of now it has been declared Private Forest by the Supreme Court). There was no proper access to the said 101 acres, Mr. A decided to take the adjoining lands ad-measuring 14 Acres on rental basis from the original land owners (Mr. B).

In the year 1980, 11 partners decided to go for Joint Venture project to purchase immovable properties and develop them. When the JV was in motion, one of his partner (Mr. X) purchased the rented land from the Owner with the consent of Mr. A, but didn't complete the Sale. When the Sale was initiated by making part payment, the partner executed a Power of Attorney in favor of Mr. A.

Due to some dispute, 11 partners decided to dissolve the JV and a consent term was executed. Mr. A gave the partner certain area of land and in return Mr. X gave Mr. A the purchased land (14 Acres) alongwith the POA. So this way Mr. A became the owner of the rented land.

At that time, ULC act was in force in which a person can hold certain amount of land on his name. So in order to skip this ULC Act, Mr. A never tried to make an entry in the Revenue Records. Infact, he kept the land lord’s name (Mr.B) on 7/12 extract in trust and the business was running smoothly.

In the year 2006, then owners and their legal heirs (Mr. B) of the land sold that same piece of land 14 acres to third party (Mr. Y) without any knowledge of Mr. A.

Somehow Mr. A got the documents from Tehsil and Talathi (Agreement of Sale and Conveyance) and we came to know that the third party purchased it with a very small amount and submitted fake documents like Power of Attorney etc. etc. in the Government department.

In the Agreement of Sale, Mr. B clearly mentioned that Mr. A is in "possession" of the 14 acre land "forcefully" and also they made a point that Mr. X was not able to complete the Sale of 14 acres land.

Since past 40 years - till date, Mr. A is in possession of 14 acres and Mr. Y hasn’t approached Mr. A for possession or may be he is intending to do so. Through some reliable sources we’ve come to know that the Third party (Mr. X) is in process to getting IOD & CC from BMC.

Mr. A had 3 sons out of which 2 expired leaving behind the legal heirs. Mr. Z is alive and is one of the partner of the Mr. A's firm. Mr. A and Mr. Z are on enemity terms. Due to the torchers of Mr. A's family, Mr. A left the house and re-married (Nikah) with a divorced woman who already had 2 sons Mr. G & Mr. H.

Whenever, Mr. A tries to do some buisness of the firms property, Mr. Z obstructs Mr. A on doings so. Mr. Z files suits against his father Mr. A. Verbally, Mr. A has disowned Mr. Z and family.

Just being the legal heir of Mr. A, Mr. Z and family are selling the property without any consent of Mr. A.

My question is:

1. How can Mr. A get his name on 7/12?
2. Should Mr. A file a Civil Suit or Criminal Suit against the Mr. B and Mr. Y, before they approach us or wait for him to approach us?
3. How can we prove that we are the owner of the land as still the land is in our possession?
4. What are the options available to safeguard our property from Mr. Y?
5. Is there any way to restrain Mr. Z or his legal heirs as there was no investment of Mr. Z in the firms property?
6. What are the rights of Mr. G and Mr. H as they are step-sons (Muslim Law)?

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