Property Owership dispute after 26 years of Property Sale
Hi All,
Please advise on the following Scenario:
My Father and two other persons( one a minor and one is no more now) has jointly bought a plot of land from a lady in year 1986.
That lady was widow at that time and had 3 daughters.
So when she sold the land to us, she submitted affadiavit of all 3 daughters.
We have a registry of that plot on our name and this document clearly says that the Lady has sold the land willingly and has accepted X amount and we have
all the rights to that property.( i believe this would be the standard language of the Registry document).
this document has signature of my father, two other partners, Thumb impression of the lady, signature of the tahsildar, signature of the Gawah and Numberdar.
7 years back, we have sold the land to some other persons and we have the sale deed( registry) and in this registry we have signature of my father, the person who was minor at the time of purchase but not at this time, signature of all children of the person who is dead(after initial purchase).
1)Now after 26 years, one of the daughters( of the lady who originally sold the land) has claimed that the affadiavit submitted by her mother was not valid and her share of land was never sold
2) subsequently her mother has stated that she is an illiterate and she did not understand all the paper work and she has not sold the land to any one but she had given the land on lease.
3) She claims that Even the thumb impression are not hers.
4) Gwah has said that the lady has sold the land to us and he stands by his statement.
5) Numberdar says that he does not remember this and the signature are not his.
6) tahsildar is no more now.
Police has taken statements of all people and also the thumb impression of the lady and sent it to the crime lab for verification.
I am confident that the thumb impression will match but i have following questions:
1) if we have a valid registery then how can some one come up after 26 years that this is my land and i never sold it? this way all sale purchase of land will be nullified. which IPC law applies here?
2) is merely saying that i am illterrate and i dont know anything, they must have forced me to sign on anything. is this statement enough to lodge a case of 420 against us?
3) one of the partners who was minor at that time, he does not have any onus in all this? can he just claim that he was minor so he does not know anything? someone must have paid for him(since he was minor) and that someone was not minor ofcourse. so what is their liability?
4) what is the liability of the childern of the person who is dead. clearly those children benefited from selling that land.
5) the other partner who is dead, what is the responsibility of his childern( who sold the land and took the benefit)
6) if the thumb impression matches then what are our options?
7) if the thumb impression does not match then what are our options?
8) is it advisable to file of an anticipatory bail in advance?
9) My father is 68 years old and has undergone major heart surgeries thrice. will that be a ground for the bail?
10) if the lady did not give the valid affadavit of her daughter, then whos responsibility was it to check it? ours, hers or Tehsildar?
11) Can the police lodge an FIR without the lab results being out?
Any help is highly appreciated.
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