My mother registered a piece of ancestral land to her nephew without my consent and knowledge and when i came to know till the time her nephew got the dakhil kharij done before completion of 30 days. she registered the land to him on 28 of june . can i apply the stay for it.??? if i get the remaining ancestral property transferred from my mother to me as gift deed will she be able to claim it back in future???
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Kindly clarify on what basis you say it is ancestral property
2) if it is ancestral property file suit to set aside gift deed
3) seek injunction restraining sale of property
4) once gift deed is executed by mother in your name she cannot cancel the gift deed unilaterally
5) she has to file suit to set aside gift deed
she had registered the land its a sale deed however she has given him without any sale amount but she showed on papers that she received the selling amount from her nephew in advance. The property is inherited from my father's father and his father. is it so that once the mutation has been done in the name of her nephew then i can not challenge this deed?? in registration paper it has been mentioned that there is no other share holder of the land except my mother . where as i am the only heir of my mother.
file suit to set aside sale deed mention that you have equal share in land
2) it was ancestral property and sold by mother without any consideration
My mother registered a piece of ancestral land to her nephew without my consent and knowledge and when i came to know till the time her nephew got the dakhil kharij done before completion of 30 days. she registered the land to him on 28 of june . can i apply the stay for it.???
if i get the remaining ancestral property transferred from my mother to me as gift deed will she be able to claim it back in future???
The property in the hands of your mother, whether she inherited or got as her share through her parents ancestral properties, her share of property cannot be an ancestral property to you.
You cannot claim any share in the property as a right.
The property in her hands shall be considered as her own and absolute property.
Provided the property she acquired was the property left behind by your father if he is reported to have died intestate and if you mother had acquired the entire property, then you can claim your legitimate share in it as a right.
Therefore if you want a proper opinion to this situation and suggestion on further action, you may revert with details
she had registered the land its a sale deed however she has given him without any sale amount but she showed on papers that she received the selling amount from her nephew in advance. The property is inherited from my father's father and his father. is it so that once the mutation has been done in the name of her nephew then i can not challenge this deed??
in registration paper it has been mentioned that there is no other shareholder of the land except my mother . where as i am the only heir of my mother.
If this property was left behind by your father who is reported to have died intestate, then as a legal heir to your father you have a share in the property as your right.
You can file a partition suit seeking your legitimate share in the property, dont worry even if the property is sold by your mother without your consent, the sale deed is not valid in law and it is not binding on you, you can stick to your cse alone.
Let she come to the court stating that she already sold the property, you can pray before court to direct her to cancel the sale deed and allot you your entitled share in the property by dividing into metes and bounds, good and bad soil.
You have to fight a strong legal battle by regular follow up through your advocate.