Harassment by local Land mafias for grabbing land
My mother who is 83 years old now(2016),bought a agricultural land property away from Pune at her son's in laws place (about 350 km away from Pune) in 1996 from mr.X by registered sale deed.She cultivated it for 4 to 5 years with the help of her relatives with a peace. mr X remained with remaining part of a land ,which he distributed to his sons by partition deed.Mean while my mother became widow( lost her husband). Me X and his sons ( AB & MB) sold their part of properties to some Local landlords with sale deed. and migrated to nearby City for their jobs, with no land for them to cultivate.(one of the sale deed clearly shows my mother as one of the owner of adjoining property.)
Mr AB ( son of me X ) became POA holder after No land remains in their possession .He ( Mr AB) Created one puppet ,widow,probably cousin sister (ASJ) of mr X as Cultivator of Land sold to my mother with the help of some old sale deed. But at that time Mr X was not owner of that property (It was Mr. X's Family property( father and other brothers) at that time).Mr X was not entitled to do sale-deed.Nor ant cultivation entry was shown at any time till the disputed date( 22 years),
Mr AB filed number of cases against my mother stating that sale deed was a fraud and it was a hand loan etc. ASJ ( Puppet of AB: She never appeared on any situation on field or courts) filed cases against My mother and Mr AB together for her possession for so to say her part of a land.
Mean while number of Police cases and revenue cases were lodged by both parties ,Until 2011,All judges have judgments in favor of my mother.
In 2011, ASJ authored POA in name of RAB ( Wife of AB). Which seems to be again fraud, because identity of ASJ in document and attached ID proof do not match in age( 17 years Younger and looks differs ),from 2002-2010 revenue records for cultivation shows no specific names of cultivators.-Actually number of times AB and ASJ were restrained by courts to enter in said premises.But with local Goons and revenue authority supported AB,No of FIRs shows the struggle my mother went through.
In 2011, AB managed to get Revenue orders ( tahsildar) at local levels in favor of AB and ASJ( again AB) for cultivation, based on a local inquiry ( relatives and neighbors of AB), in spite of orders from higher ups in favor of my Mother. Injustice is being reported to various Revenue and Police authorities from time to time.
In 2012,AB approached my mother for compromise in informal deed.Actually my mother wants to have a temple at that place in remembrance of her husband.But due to lengthen legal procedures and type of harassment , and aging effect ( 80 years) agreed to compromise for certain sum.It was decided that both parties will search for a purchaser and she will get assured sum and remaining will be kept with AB to withdraw all fraud cases and his nuisance value within a period of a month.
During that period, She had deal with mr .AR for sum X,later Mr AB came with a proposal of MR VL for X+ Y amount.AB assured that I know Mr AR and VL and able to manage both parties.It is beneficial to both my Mother and AB both.She was trapped and made to sign agreement to sale with VL in front of notary ,stating that VL is the man with powerful contacts in Court,Revenue, Police and Politics. Actually Amount X+Y was also fraction of a current market prices in the region.But She agreed to proposal to avoid future harassment and problem to their relatives located in the region and legal hairs.During that period various court case were suspended in view of proposed compromise.
The Deal never took place ,because AB misused the situation to his advantage.He borrowed some amount even prior to deal with VL from VL . My mother signed the deal without any considerations stating that she will sign in front of registrar only after receiving total amount of her share in front of registrar in cash or draft .(no cheques).
Mr AB revived court cases (on ASJ behalf through POA - RBA - his Wife)-subsequently stating that Sale deed with my mother is a fraud and she was not in possession of a land any time. stating above deals as secondary evidence( no Original Papers with courts) and 2011 Tahasil order as a basis.
During 2012-2014 ,My mother's health weaken,faced with family problems( Death of near once), and Major Heart surgery of her elder son( age 60)etc.She was not able to attend court cases regularly.AB manged the court proceedings and able to get judgments in his and ASJ's favors.( No Real facts were brought on the floor of courts and Judges relied on 2011 Tahsildar's order),however they have made it clear that Title is still in name of My mother,i.e. Sale deed is genuine and but perpetual injunction against AB was rejected and ASJ's Cultivation was accepted.I know that mere mutation in revenue record does not hold party as a owner,but it continues to harass the original owner and market price of land reduces substantially, if one wants to get away from it
My mother is an old 83 years lady, hardworking,self reliant (do not want herself to be burden on her own children also),honest ,dignified personality.( We all respect her and are fraction of her vigor and willpower at this age).But she is illiterate( 4th standard - can barley read and write ),unaware of legal procedures and proceedings,(Totally dependent on her lawyer,all papers with lawyer only).Likes to toil herself in any situation.
Mr AB is government servant,well aware of all legalities and misusing it.( He has filed suits against his own cousins for ancestral property, which was legally transferred to his uncle long back), Harassing women( My mother target,ASJ distant relative as a puppet,RBA - wife as POA tool).One can find number of Sum Cases,criminal cases against him, but hardly convicted because of our legal systems.
Court has ordered Mediation in days to come.My mother is not interested to stretch it too far for avoiding harassment in old age,provided respectable agreement is achieved in all concern parties(i.e.. Herself.AB,ASJ-puppet of AB,( AR,VL- AB to take care))in front of a court appointed mediator.Else how she should proceed ,Please Guide.