Your
Advocate
This
week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh.
His professional interests include civil law, criminal law and constitutional
law.
Q:
My mother purchased few lands in our Grand Father's village. My mother
died in 1995. Since we live in Dhaka, so our maternal cousin used to
give the land lease to other people, collected money and handed over
the money to our mother. My mother gave all the original papers of those
lands to him for proper management. After our mother's death, he stopped
giving us money. Recently I met him and told him to return the documents
but he refused. I informed my relatives of the matter and they asked
him to return those papers but he denied. It is mentionable here that
local people informed me that my cousin is trying to grab our land and
sell it to others. Under this circumstances I want to know - a) How
we can get our land related papers back from him and can he grab our
land by using those papers or sell it out to others? b) How can we get
back the money, which he has taken by giving lease of those lands to
other people? C) At present since we do not have any original document
in our hand, can we sell those lands?
MM. Zaman, Asad Avenue, Dhaka.
Your
Advocate: This is a common social scenario in our country.
Most unfortunate aspect of our lives is bulk of civil litigation in
our courts arises out of deceptions and fraud resorted to by siblings
and near relatives. Confidence and trust are words that sometimes seem
ridiculous. Your maternal uncle behaved properly during the lifetime
of your mother but changed complexion as soon as she died. This is so
natural that the story does not arouse any curiosity in anybody's mind.
You have to proceed advisedly in a well-calculated way. Despite everything
that has happened if there is any scope for recovery of the deeds from
your maternal uncle by peaceful means it is always advisable to avoid
litigation.
Now
I revert to your specific questions. It is difficult to recover the
documents from the possession of your uncle through litigation. If he
has any ill intention he will deny having possessed of such document
given by your mother. No, he cannot grab or sell out the land if the
title of the same still belongs to your mother. For grabbing the land
in any manner your uncle must create some document in his name by fabrication
or forgery. He must set up his claim or right on some or other paper
however fake they may be. So the reply is : He can enjoy or sell the
land if he has by now created any document purportedly conferring upon
him such title or authority. The question of genuineness of the documents
is a question to be decided by court. As to the second question, my
reply would be equally cautious. Going for recovery of money in the
circumstances through legal actions may prove futile. It is again a
case of negotiation on personal level. The inherent defect of your whole
claim lies in absence of any document as you have indicated in your
third question.
Your
whole problem boils down to the question whether there is any transfer
of title from your mother by any fraudulent means. Firstly your uncle
needs be sounded out as to what he wants to say about it. If any foul-play
is suspected or floated you have to embark upon collecting the certified
copies of your mother's documents and of the documents suspected or
claimed to have been created by your uncle. Having collected the certified
copies of documents you have to see a good civil lawyer for an appropriate
legal action so as to restore your title in the land. And once the title
is restored all your other grievances will find easier avenues of redress.
Corresponding
Law Desk
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The Daily Star 19 Karwan Bazar, Dhaka-1215;
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