Can a person purchase a joint family property where he is already
A joint family property/farmland has been mortgage for purchase of a water pump for agriculture purpose by taking loan from a bank by the eldest member of the family. Three other members of the family conspired and got the land and pump auctioned in favour of one member’s father-in-law. After some days the younger members of the family purchased the said property from their father-in law and got ROR by suppressing facts. The case was fought by the sons of the eldest member of the family (after the death of eldest member of family ) and In the Hon’ble High Court quashed the Auction and officially handed over to the sons of eldest member’s of the family and since last 25 years they are in peace full possession of the land.
In the mean time the sons of the eldest members of the family applied for correction of Record of Right (ROR) by virtue of the Judgement of Hon’ble High Court. Please clarify the following points.
1. Whether the sons of the eldest members of the family are sole owner of the total property and Record of Right(ROR) should be made by virtue of the Judgement of Hon’ble High Court. The property has been handed over to the sons of eldest members who fought against the illegal auction in High Court and not the eldest members of the family.
2. Whether the property got by sons of the eldest members of the family(after quashing of Auction) will be treated as joint family property and distributed to the other parties (opponents- The Three other members of the family conspired and got the land and pump auctioned in favour of one member’s father-in-law).
3. Whether a person/ persons are eligible for getting the stakes after conspiring for the auction and illegally purchasing the same property from their father in law by suppressing the fact where they are claiming the share in the property as ajoint family members.
Kindly suggest.