My grand father was a zamindar. He had two wives. Elder wife had two sons.Younger wife too had two sons. One of the properties alongwith attached agricultural land was divided equally amongst the two wives after my grandfather's death in the year 1950. After that in the year 1970 when both the younger wife's(my grandmother) sons were alive, her elder daughter-in-law as '' anshidaar (share) sutre (basis)'' took over 36 bighas 15 lecchas of land and sold it. This was with due knowledge of her husband(my uncle).After that grandmother was ill. My mother was looking after her and for that by a will she gave remaining all property under her name to her younger daughter-in-law (my mother). Grandmother died in 1988. After that my Uncle introduced both his and my father's name in the remaining plot. Will was placed in the court for probate in 2000. But my uncle claimed it as tampered. My father was ill during that time and later due to want of step the case got dismissed.Now my father died in 2015 November. I am looking after the matters now.
The case is now that there was an adjacent plot to that 36 Bighas 15 lecchas of land.During and after my grandmother's death my mother was doing agriculture in that plot comprising of 16 bighas 16 lecchas. Family was in terms that as 36 Bighas 15 lecchas was already been taken the remaining would come to us. But this was by word of mouth. As per that arrangement out of that 16 bighas 16 lecchas, my father had sold 8 bighas to 2 third parties. It was mentioned in the sale deed that both in east and west side of sold land there will be owner's land.By taking that as an advantage they have been doing agriculture in the exact middle portion of the land and even in a larger share then sold to them since last 9 years. Now that we have asked them to shift towards the end as land was not demarcated to them through Circle office, they are not willing to shift and have joined hands with my Uncle's son as uncle has his name also in the portion(16 bighas16 lecchas).
Now they are compelling us to leave the land as according to them we already sold our share of 8 bighas and left with only 16 lecchas.
what should we do now? what are our steps to progress? we think -
1. daughter-in-law cannot take land in that way she took 36 bighas 15 lecchas? is it true? if yes, what is the chance that we can claim it after so many years. on what grounds can we claim now and where? does a ADC revenue has any power in this regard or we need to file a civil suit?
2. can we file a fresh case or re-issue the earlier court case for probate? are there chances that again my uncles's son can create problems?
3. as per sale deed can the 2 third parties be shifted to one corner point of the land? or can they file civil suit? are there grounds strong enough?
4. what should be my course of action now? steps that are to be followed one after the other.
5. can we solve the issue at circle officer or DC level? or we must be ready for filing a civil suit?
