I would like to get some legal advice here in this web site.
1.Few years back we took financial loan from a local party (Person 1) end up in signing few blank papers and stamp papers(as rule/condition made by few pawn/money lenders) entering an agreement mentioned that the person will take care of the our property until we return the money.
2. As we couldn't pay the money on time so the person made few forgery documents and hand over the property to another person by getting a lum-some cash including both principle and Interest amount and also has enjoyed the land(Agricultural land) for 6 years, which would yield 2 seasons cash crop per year.
3. Now the (person 3)with the false signatures and forged documents cooked up(Unregistered) saying that we agreed to sale the land for XXXX amount and he has paid an advance amount to settle the earlier debts to (person 1). Now the party 2(Land lord) is not coming forward to register the land by collecting the remaining cash. As we were not aware of the situation, he filled a case against our family in magistrate court and the case end up in Ex-parte as we never knew the situation and court registered the land in favor of the 3rd person ( *** This was known to us when we took our EC - Encumbrance certificate)
4. By hearing this we were shocked and din't know how to react to the situation, knowing our lack of financial ability and other economic condition. The person 3, bribed the court officials and other village panchyat officials made such allegation on our family property and took away our property. Made a fake address of correspondence, where we resided some 8 years ago. so obvious, the court letters and petitions were never been delivered to us.
4. Since its our family property, few measure area of the land are also registered in my sons name. Now this 3rd person has created a fake document saying that the entire property has been mortgaged and was agreed to sell in favor of the (Person 3), my sons property were never been pledged or mortgaged, so do I.
Note: The 1st person who gave a credit of 1 lac and made over the property to the 3rd person for 10 lacs even after enjoying the physical state of our property for continues 6 years. When we demanded for the genuine account, he refused to give them and delayed the record. Then made over the debt to the 3rd person for 10lacs.
Even if we agreed to pay the principle amount back, why do we have to pay him 10lacs as the interest amount has been enjoyed as part of continues agriculture activity for 6 years which should have yielded him 5 times the principle amount.
Please advise how do we go about in recovering our property?