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Anil Kr Garg (Business)     14 February 2012

Challenge to valid registry of agricultural land

I puchased one agricultural land (12 bigha) in May'08, duly registered and mutated in my name. The sellers were 8 of them in the same family and 4 daughers who were minor as per Patwari's records and their mother signed on behalf of these minor daughters. They are all descendents of a deceased Muslim man with one widow. Recently, when I wanted to sell it, these 4 daughers with one more man claiming to be another member of the same family, objected. They've filed a suit in court demanding complete cancellation of the entire registry (of full 12 bigha land) claiming that they were not minors and hence, their mother had no right to sell this property.

Now, I need to respond to this suit. I wish to achieve followings:-

1) Demand that the suit be modified for only their part of the property and not entire 12 bigha because other 8 members who signed the sale deed cannot demand any cancellation, and if claimants are right, they would be entitled only to their part from the total property

2) Demand that copies of bank accounts of all these people be presented. I paid to them by cheque and the recepient must have transferred money from this bank account to other claimants. If court can force copies of bank accounts be produced, we might be able to prove that the claimants have already benefited from this sale and hence it cannot be claimed to be made without their consent.

3) The claimants must be asked to prove that they are indeed the people they claim they are, and that they must be asked to prove that they indeed had any right in the property by producing succession certificate in the property of their deceased father. May be, their deceased father did not leave anything to them at all.

4) Their claim must lie against the sellers and not against me who is a bonafide buyer. If sellers sold without any right to sell, it is them who committed crime and must be prosecuted. IN the suit, the sellers have been made a party but suit clearly say that NO RELIEF IS DEMANDED AGAINST THESE 8 SELLERS.

5) Can I demand from Register/Bank of these sellers & claimants  to produce details of their property and bank accounts so that I could prove that these claimants purchased another property from the proceeds of this sale?

Kindly advise.



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