Dear Sirs,
We have an agricultural land in Maharashtra, which was being cultivated by my Grandfather till 2000. It has no KUL or Loans, etc on it. The occupent class is 1.In 2000-2001, due to grandfather's old age, my real uncle took charge of it, but couldn't continue for too long due to inexperience. This land is now being cultivated by some of our relative. This relative has somehow managed to get his name appear in Form 12. His name appears in Village form no. 12 from 2000 to 2012. Since then, his name is not in Form 12. Both 7/12 extracts are in my Grandfather's name.I have come to know that there is a process to be followed while changing the names in 7 or 12. Upon searching the history I came to know that no such process was followed in 2000 or later. The Talathi and Mandal Adhikari have managed to do it without proper paper work and without the consent of Tahsildar( I have checked the same thing in Tahsil Office records) Now, that relative has applied for purchase certificate towards Tahsildar, on the basis of these fake documents. I have obtained a certified copy of his fake documents. Basis this documents, I tried to file an FIR regarding fabrication of documents against Talathi, Mandal Adhikari and that relative, but in turn got a warning from the police due to their local favoritism. Police didn't file the FIR. My advocate suggests me to file a Suit for Declaration and Injunction in Senior Division. At present, though on papers the land is in our possession but technically that relative is holding the land.
My questions are:
1) Can I take the forceful possession, if possible?
2) Can I go for the Suit for Declaration and Injunction?
3) What is the Fees for the said Suit.
4) Can our relative get Purchase Certificate.
5) How can I file an FIR against talathi, mandal adhikari and that relative for fabrication of documents.
6) Can that relative apply for Adverse Possession?
I also need an expert advocate based out of Nagpur or Mumbai, who can time and again review and suggest us in the matter. Our advocates are not that much competent. Therefore, request you all to suggest with your views.
Regards,
