& çâÌæÚUæð´ ·¤è ¥ôÚU Îð¹Ùæ ÁæÚUè ÚU¹ð´ ¥ÍæüÌ ¥ÂÙð ÜÿØ ÂÚU ŠØæÙ ÚU¹ð´Ð ãæÚU Ù ×æÙð´, €UØô´ç·¤ ·¤æ× ·¤ÚUÙð âð ¥æÂ·¤ô ©gðàØ ·¤è Âýæç# ãôÌè ãñ ¥õÚU ÁèßÙ ·¤æ ¹æÜèÂÙ ÎêÚU ãôÌæ ãñÐ ÖÜð ãè ÁèßÙ ×ð´ ç·¤ÌÙè Öè ·¤çÆÙæ§ü €UØô´ Ù ¥æ°, çÁ™ææâæ ¥õÚU ©ˆâæã ÕÙæ° ÚU¹ð´Ð ŠØæÙ ÚU¹ð´, ÜÿØ ã×ðàææ ¥æÂ·Ô¤ Âæâ ãôÌð ãñ´ çÁ‹ãð´ ÂæÙð ·Ô¤ çÜ° ÂýØæâ ¥æÂ ·¤Öè Öè àæéM¤ ·¤ÚU â·¤Ìð ãñ´Ð

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.