• Property Rights

Hi All, 

I have query regarding My Father Property. 
My Father has ancestral property of 2.28 acre in my village at Telanagana.. My Father has three brothers and all these members has the Joint Patta for total land extent of 10.33 acres, so each member is getting around 2.28 acres and revenue records also showing the same as four members name with 2.28 acre each. We have clear revenue records from 1953 to 1987 about this details.. But other party purchased entire land 10.33 acre by taking only three members signatures and without 4th member permission they registered the entire land on their names. it was happened on 1987.. 

Also instead of 4th member name they added his wife name on this registered documents but as per the records she dont have any right on this property also 4th share holder didn't give any legal rights to his wife on his property even though they added her name and registered the entire land.. 

4th member is a illiterate person and after few years he came to know this issue , so he went to all the govt offices regarding this issue but he didn't get any justice, unfortunately 4th member was expired on 2009 and his wife still alive. 

Now his son's are a fighting for his father property.. So Could you please advise on this issue how can we go ahead further to get my father's property.. 

Regards 
Yadagiri
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

file suit to set aside sale deed

2) take the plea that father was joint owner of land but did not execute any sale deed for sale of his one fourth sahre

3) no consideration was received by father

4) seek injunction restraining sale of land by third party

5) mention that father was illiterate and was not aware of fraudulent sale of land

Ajay Sethi
Advocate, Mumbai
94701 Answers
7528 Consultations

5.0 on 5.0

Dear Sir,

You are entitled for the share of your father. The three brothers of your father have no right over share fallen to your father. At the most they can sell their shares and cannot sell the share of your father. If you have already file suit for partition and the sale deed will be cancelled to the extent of share of your father. Alternatively all the three brothers of your father and/or the purchaser will be jointly and severally will be asked to compensate to you in money.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

As the deceased's W doesn't had title and only an ostensible owner, the title conveyed shall be defective. It can be rectified now, as the D's share shall get bequeathed to his W, S and D. Get all of them together to convey proper and valid title.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hi, thier legal heirs can file a civil suit for declaration and permanent injuction on the sale deed that was made without thier father knowledge

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

You need to file a civil suit in the district court for cancellation of the sale deed and challenges the the sale of property on the basis of evidence and record available

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Client,

U should have approach court for cancellation of sale deed executed by Cheating.

And, even if it is executed by Wife than also void for no title in the Property.

Consult local lower, as matter is barred by Limitation.

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

If your father has a share in the property, then he should file a partition suit immediately seeking division of properties and separate possession of his legitimate share in the property.

He should not be bothered about any other aspect, he should concentrate only on his share of property.

Let the court decide about the claim made by others in this regard.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

In this matter you have to file partition suit along with cancellation of sale deed.

Good luck / All the best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

File a partition suit in civil court and get your share partitioned. Yiu will get your share through judicial partition.

Prashant Nayak
Advocate, Mumbai
31935 Answers
179 Consultations

4.1 on 5.0

You can file suit to set aside sale deed but delay of 30 years have to be explained

2) delay does weaken your case

3) wife cannot sell husband property

4) suit would take 15 years to be disposed of

5) seek stay against sale of property

Ajay Sethi
Advocate, Mumbai
94701 Answers
7528 Consultations

5.0 on 5.0

1. s per my opinion, a suit for cancellation of sale deed may not be required to be filed, he has file a suit for claiming his rights through partition.

Let the opposite parties come out with their own defence about this, which need to be challenged at that time.

2. The wife can sell her share in the property if she had inherited as her share after her husband's intestate death.

3. The third party can be impleaded as necessary party to the suit now proposed to file.

4. Again, dont concentrate on cancelling this sale deed, instead file an application in the same suit seeking to restrain the opposite parties to not alienate the property or further encumber the property in any manner.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2192 Consultations

5.0 on 5.0

1. This Registration was done on 1987, so can we file a Civil suit for cancellations of sale deed now. -- Possibilities are rare. The limitation for this is three years from the date of such registration or three years from the date of knowledge of this forgery.

2. If wife signed on the documents, did she eligible to sell husband property as she don't have any ligal rights on this husband property. ---No

3. 1st party sold that property to others and they sold that property to someone, so 3rd party is on possession on that land now. -- Relief is meager at present as matter is very old.

4. How many days it will take to cancel this sale deed as these people are planning to sell the property to others, -- In trim relief/stay after filling or suit for cancellation of sale deed obtained by fraud. rest it will take time to decide.

So do we have any possibility to the Register office to put the inquiry on this fraudulent Registration..

Yogendra Singh Rajawat
Advocate, Jaipur
22632 Answers
31 Consultations

4.4 on 5.0

Yes you can file the canselation of sale deed suit.

You have to make all the subsequent purchasers also party to the suit.

No wife can not sell her husband's property during his life time, but she can after his death.

One can not say how long it will take.

You should immediately file partition suit along with canselation of sale deed and obtain injunction not to alienate and interfear with the suit schedule property.

The same has to be informed to the registrar.

Good luck / All the best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

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