Just as the worry of losing their ancestral property is increasing in their minds, the documents in their bags are increasing. They have no other government offices to go to for justice, claiming that they should get the property of their father and childless uncle.
What you should know
Sant and Laljit Mallah, both from Siddharthanagar Municipality-6 in Rupandehi, each carry a 20-kilogram black bag on their back at all times. Inside the dirty and torn bag, the brothers have kept documents from government offices and courts.
Just as the worry of losing the ancestral property is increasing in the mind, the documents are increasing in the bag. There is no government office left for them to go to for justice, claiming that they should get the property of their father and childless uncle. There is no one left to tell the real story. While telling the story, brother Sant has fallen ill. Laljit is in danger.
There is no legal obstacle for the brothers to get the ancestral property. Both were confident that the property will come in their names. Suddenly, two Indian women appeared claiming to be the daughters of their uncle Sukhu Mallah. According to the family's claim, Sukhu was childless. After Sukhu's death, Sukhu's property has gone to the names of his brother Faudar's sons Laljit and Sant by a court decision.
Meanwhile, Laljit brothers claim that Malati and Rikhidevi Mallah, daughters of Indian citizen Badal Mallah, are trying to steal their property in collusion with government employees and public representatives. Sant and Laljit have submitted evidence to the district administration and court that Malati and Rikhidevi are not their sisters. They are demanding a DNA test to prove whether Malati and Rikhidevi are their descendants. However, no hearing has been held.
It has been 5 years since they started going to the district court. The brothers are seeking help saying that their property was being seized by submitting false information. ‘My father died in 2077 BS,’ said Sant. ‘Since then, we have been trying to save our property.’ Currently, the brothers are driving an auto rickshaw to meet their household expenses. Sant, who was once a bodybuilder, is currently in critical condition.
When he had pneumonia in 2068 BS, the doctor prescribed him tuberculosis medicine, which affected his lungs. He spent a year in Kathmandu for treatment. ‘After three lung surgeries, he recovered,’ said Sant. ‘Even now, blood flows from the wound when he does heavy work.’ Their autorickshaws are empty when they go to the district administration and court for justice. Even when they carry common people in the auto, they do not leave their bags on their backs.
Laljit and Sant’s father is Foudar, while Sukhu is their uncle. Foudar has 2 sons and 5 daughters. However, uncle Sukhu and aunt Kabutari did not have children. Father Foudar died on 2077 BS on Jestha 8 and mother Jhina died 11 years ago. Sukhku died on Asad 17, 2078 BS and Kaki Kabutari on Magh 10, 2077 BS. After the birth of their children, Laljit and Sant took care of their uncles and aunts. ‘When my uncles and aunts were seriously ill, the two brothers performed all the rituals after death, from medical treatment to funeral rites,’ said Sant. ‘No one had any claim as long as my parents and aunts were alive.’ After their deaths, Malati and Rikhidevi suddenly arrived as daughters.’
After the death of their parents and aunts, Laljit and Sant filed a case in the Rupandehi District Court to transfer the property in their uncle’s name to their own. The bench of the then judge Leela Raj Adhikari had ruled on Kartik 15, 2078 BS that the land in the names of Faudar and Sukhku would go to Laljit and Sant.
After the verdict, the brothers had divided the property into their names. After the property was in their names, the trouble started. According to Laljit, on February 10, 2078, the district court sent a summons stating that the case of the share had been filed. 'We went to court after understanding the time limit,' Laljit said. 'After that, we finally came to know that Rikhidevi Mallah Agarwal of Siddharthanagar-8 and Malati Mallah of Mayadevi Rural Municipality-3 had filed a case for the share, pretending to be the fake daughter of our uncle.' Rikhidevi and Malati, who filed the case, are claiming that Sukh has two wives.
Laljit and Sant say that Rikhidevi claimed in the court that Sukh's first wife was Kabutari and Malati was the daughter of his second wife, Phuljhari. Malati and Rikhidevi had claimed that they were Sukh's daughters and had demanded Sukh's death certificate from Siddharthanagar Municipality-6. The ward office refused to register the first time they requested. Sant said that they then filed a case against Siddharthnagar Municipality and Ward No. 6 in the Tulsipur, Butwal Bench of the High Court. For the first time in court, they could not present proof that she was Sukhu Mallah's daughter.
At that time, Malati and Rikhidevi had fought each other in court, claiming that she was the only daughter of Sukhu. However, the court found that Malati's birth date and the birth date of Sukhu, who was claimed to be her father, were only 6 years apart, and that Rikhidevi's claim and evidence were false, and the bench of Judge Achyut Prasad Bhandari dismissed the writ petition on Magh 5, 2078 BS.
Then, Rikhidevi filed a case in the Rupandehi District Court in Poush, 2078 BS, demanding that the land that had been transferred to Laljit and Sant be brought back to her name. At that time, the district court ruled that she would get the share only after it was first proven that she was Sukhu's daughter. Then Laljit and Sant approached the Butwal High Court demanding the cancellation of the false statement. The high court also upheld the district's decision.
The brothers are still demanding that the statement be established that Sukhu is not the father of Malati and Rikhidevi. The last time the district administration deployed police and collected the land title deed on the spot from Siddharthnagar-6 on 2080 Kartik 7.
The deed done in the presence of the ward chairman also proved that Sukhu is not the child of Mallah. Despite preparing a new land title deed, the district administration has not yet agreed to prove that Sukhu is not the father of Rikhidevi and Malati.
‘The district administration has not even agreed to prove that Sukhku does not have children,’ said Laljit, ‘Even when they asked for a DNA test, there has been no hearing.’ The brothers have also filed a case in the Rupandehi District Court for the cancellation of the transfer of Rikhidevi and Malati’s names and forgery. The case is currently under consideration.
Sant Mallah said that they have also filed a complaint with the Butwal Office of the Investigation into Abuse of Authority, demanding the cancellation of the citizenship obtained by submitting false information. Chief District Officer Madhav Prasad Pokharel told the brothers who reached the district administration that he had studied the case file and provided accurate information. ‘I will study the file from the case branch,’ he said, ‘I will help you with whatever can be done.’
