Legal Questions Regarding Land Ownership and Dispute
I hope you are doing well. I need your legal advice regarding a property dispute involving a 40-decimal piece of land. Here's a brief overview of the situation:
The original owner won the 40 decimal land and later passed away, leaving behind his wife and five children. Each of the six heirs should have received an equal share of the land (6.67 decimals each).
The wife and elder son mortgaged their combined 13 decimal share without the consent of the other 4 heirs to a person named Dharmachand. They failed to repay the debt, and Dharmachand sold their 13 decimal share to Monjul.
The other 4 heirs sold their combined 27 decimal share to Tarachand and Rafijuddin. Later, Tarachand and Rafijuddin sold 5 decimals of their land to Latifur Rahaman.
After these events, Dharmachand sold the remaining 27 decimal share (belonging to the other 4 heirs) to the Bargadar (sharecropper). The Bargadar then sold 11 decimal land to Meera Jain (Dharmachand’s wife), and Meera Jain sold 6.6 decimals to Monjur Alam.
After 28 years, Latifur Rahaman, who had continuous possession, sold his 5 decimal land to Hena Bibi.
Two years later, Monjur Alam’s son filed a partition suit over the 40 decimal land, claiming 6.6 decimals from the court.
Recently, Monjur Alam’s son has requested a stay order on my 5 decimal land.
Despite the lack of a stay order, Monjur Alam’s son continues to obstruct my construction on the land, and the police are not taking any action.
Importantly, Monjur Alam’s son initially filed a case in the SDM court. The SDM restrained Monjur Alam’s son, and the Revenue Inspector confirmed my possession of the 5 decimal land.
My questions are:
Who has the legal right to the 5 decimal land currently owned by Hena Bibi, given that it was sold by Latifur Rahaman, who had continuous possession?
Can Monjur Alam’s son validly claim 6.6 decimal land through the sale from Meera Jain, considering that the Bargadar’s title to the land may be questionable?
Can the court grant a stay on my land, given that my possession was confirmed and the SDM previously restrained Monjur Alam’s son?
What legal remedies are available to Hena Bibi to protect her ownership of the 5 decimal land, given the partition suit, the SDM's restraint order, the recent request for a stay, and the ongoing obstruction of my construction?
I would appreciate your guidance on this matter.