fraud with respect to property
There is a farmland which was in the joint name of my father and my uncle. I in collusion with my uncle falsely wrote to Lekhpal on a plain paper that my mother is dead and that I have no siblings. Me and my uncle wrote it. I have a mother and one younger sister. Thereafter lekhpal passed an order and transfered share of my fathers farmland to my name. Then I have executed Benama which is a form of Sale deed for farmland in UP in favour of my aunt for 5 lakhs. She didn't pay balance amount of 4.5 lakhs till date and I orally told the registrar that I have received 5 lakhs. Now I want my mother and sister to file Writ Petition directing the lekhpal to withdraw the order as well the registrar to cancel the above Benama. I don't want to be prosecuted and put in jail because my uncle fooled me in doing this. My mother and sister also don't want me to go to jail. What is your advice sir?
This is funny , and you need to understand that this question also can be used as evidence against you. Please consult a lawyer in private and confidence
Sir, firstly one must be very careful to avoid situations like the one you face, when dealing with property related matters. Secondly, the relevant Writ you would want to file in the High Court is a Writ of Certiorari under Article 226 of the Indian Constitution. The mentioned writ can be instituted in the Supreme Court or High Court to seek a quash on an order passed by an inferior court or a local authority, which in your case is the Lekhpal. A writ of Certiorari mandates that the inferior authority must have erred majorly in judging the facts of the case to succeed. This essential feature can also be proved as the Lekhpal had no knowledge of the existence of your mother or sibling, and omitted the same in his order of mutation.
Further, if the you succeed in the proceedings in the High Court, you can file a consequential suit for partition under the Partition Act as per the procedure mentioned under the Civil Procedure Code.
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