Mother's share in property

Shantanu (Querist) 15 July 2012 This query is : Resolved
Dear Sir
I am K’s Son (Property Agricultural Land in Ujjain Dist)
• G: Acquired the Agricultural Land around 1900-1930 AD
• H + M + T: = Three Children of G (H & M = Sons & T = Daughter)
• H = Started Agricultural Activities on that around 1940 & Continued the same till his death in 1990
• M + T = Filed claim over the land during life time of H (That M & T= either won or it was settled then)
• A + S + K = Three Children of H (A & S = Sons & K = Daughter)
• A = Eldest Son of H took possession of the Land after death of H in 1990
• K = Daughter of H died in 1991 (Wife of H Also Died in same Year)
• S = Brother of A continued to demand his share in Land to A
• Recently A sold the entire Property very cheaply & nothing is left now = this is what A claims now.
• I am the Son of K when got this news I searched for the details of Property & I got following details
• As per the Land Records of FY 2011-12 Property was registered in following names
• 24% = Name of “S” & 26% = name of “A” (18% = A’s Wife, 18% = A’s Son, 14% A’s Married Daughter)
• A Claims that he has sold the entire property Recently Very Cheaply (Around March 12 but he hasn’t disclosed the figure)
Other Information Which May Be Relevant To This Case
1. A Claims that one portion of land was Given by G’s Wife directly to him & he won’t share it with anyone.
2. Once when my father (died in 2008) asked A about my Mother’s Share in Land (A said Wait for Disposal of Land) It was around 2004-05
3. I suspect A has sold it at undervalued Price to the Person at who’s place he works (I mean he sold it in blank that is what I suspect)
4. A said that I have also paid some (nominal if compared with value of Property I guess) amount to M’s Sons after disposal of Property
5. As per “Khasara” on which A’s name is there One date appears 30.08.2005 (Is this has some connection to Hindu succession (Amendment) Act 2005 Which is effective from September 2005) Other “Khasara’s” Containing Names of S & Wife, Daughter & Son of A do not contain any date)
My Questions & Queries
1. Can We (Me & my two married Sisters) Claim my Mother’s share in the Land from A & S
2. If Yes. Can we File Suit to Cancel the Sale Deed (as our permission was not taken)
3. Whether Hindu succession (Amendment) Act 2005 will apply to this case.
4. How to get the certified copy of the sale deed of above property How much it will cost to me?
Thanks & Regards

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