Regarding a POND

4 years ago

There is a Pond amounting to 20 katha (33 decimal) located in a village (our home) of Burdwan District of West Bengal where my father use to cultivates fish with help of fisherman from last 30 years. My father is a PSU employee. The Pond was actually belonged to a Man (child less) who raised my father since childhood. We live here only and we called them as Grandfather/Grandmother. The man died during 1982. He (The Man) had two sisters (1 & 2) and their maternal sons. Post death of the Man, both his sisters (& maternal sons) started fighting for all his (Man) property, As the grandmother (man's wife) wanted to write all the property in my father's name. Finally after long quarell, grandmother (being wife & legal inherit) wrote the house along with few property in my father's name and the POND and few property to one of the (the Man's/grandfather's) sister (say sister-1) during 1990. The Sister-1 had 5 sons who lived in a village of Dhanbad district of Jharkhand. Since the Pond situated in our village, my father use to look after it. Now my father since was looking after the Pond from last 30 years wanted to purchase the pond from them and had purchased 3 out of the 5 son's portion separately this year (2019) which equalls to 60% of the Pond (12 katha). The owner (2 legal heir out of the 5 son) of the rest 2 portion is not willing to sell their parts to my father. Today we came to know that they had sold their part to someone else without any information to my father (presently coowner). My question is: 1. Can they sell their part of the Pond (a single pond with single daag no.) to anyone escaping my father who is a coowner? 2. Don't coowner get any preference to buy a property which is indivisible in nature? 3. Since they have already sold their part, can my father take any legal action? 4. Is there any change to get the rest part of the pond legally? Thanks in advance.