Our agricultural land is redistered in favour of six brothers in FORM 7/12. This property was inherited by our
father and he died in 1984. Since then our mother also expired in 2012. The names were registered in 1984 only and names of our four married sisters or widowed mother was not entered. In 2011 we 10 siblings had given PoA to our mother to sell the land but she could not and passed away without making will.
Since all brothers live apart in differrent cities some contacted an agent for sale of land. The agent contacted
our eldest brother (assumed as Karta) and made pre sale agreement in which agent will give 1/10 th value to Karta and balance amount within 90 days during which Karta will bring all 9 siblings and sign the agreemnt at Registrar's office. At that time it was not known that married sisters were not having any share neither they had made application to court for their share with partition.
When Agent gave cheque of 1/10th value , some other persons informed Karta that land price was much higher. So Karta asked agent to take back the cheque or give higher price which Agent declined. Karta did not deposit cheque for 90 days and later got certificate from bank that cheque was expired and not credited to account. Agent did not enforce the agreement and kept quiet. He also did not return agreement to Karta.
Later few brothers contacted the agent and agreed to to take the 1/10th share directly from agent. Then other brothers and sisters followed but Karta has not accepted their actions.
Karta cme to know that sisters were not entitled to any share and agent was not authorised to deal with them any matter of joint holding. Also the brothers could not sell their undivided share to anybody without asking Karta to buy their share. (Right of first refusal). The agent had got other brothers sign indemnity bond saying that Karta has signed agreement and showed photcopy of the cheque given. Normaly it takes only 3-4 days to realise cheque in account but Agent though knowing about non-realization of cheque went on to sign indemnity bond with other brothers and sisters.
He is not giving back defunct agreemnt to Karta and with direct agreemnt to brothers and sisters trying to create problems with the land.
What steps can be taken to cancel the agreements by brothers with Agent as Karta is willing to buy other shares at higher price. However he is not willing to pay the sisters who have no rights as they were married off before 1979 and fathher died in 1984. The Maharashtra law of 1994 also does not apply to the case.
