Unlawful occupation

Neil Dias (Querist) 18 July 2016 This query is : Resolved
We are 4 joint co-owners to a family property with 4 flats of a Dwelling House. by law, the residual land, we are tenants in common in equal shares. Pre -emptive clause for sale exists. However one mischief co-owner sold his share and of another brother to a third party without our consent. Now the third party/outsider is staying that we havent objected to the sale deeds (bogus and under priced) and that he is in lawful possession to 50% of the property. They lost the case before CTS and SLR at Mumbai. Now gone in Appeal at the DRL at Fort, Mumbai.

I need your help in getting a Supreme Court Judgement that all frauds done in a sale does not amount to a party to lawful possession.

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Guest (Expert) 18 July 2016
Neil Dias,

It is your academic exercise, you shall have to search the SC judgments, yourself.

However, if there is even 1% reality in your statement, why do you expect the experts to do the home work of your own paid lawyer. He should search for the required judgments.

Being a hypothetical case let the occupant also enjoy the fake & hypothetical possession, when you are talking about lawful occupation in an unlawful sale of property, more so when the question is on unlawful occupation.