• Setting aside alienation

Hindu mitakshara family share in Ancestral land, sold by father in 2007 without consent, all copacener major and self independent at point of sale, fradulent sale deed as land came under masterplan after sale agreement and before registering the sale deed, 2 months after sale agreement and 1 month prior of sale deed. ( Agreement was for 3 months ), absolutely no need was there, bought land with entire money in name of mother without sharing any penny. Purchaser filed for partition and possession of his share, still pending in revenue court. My question is how to frame plaint?? Lawyer say to make dad and purchaser a opposite party..Should i raise the issue of fraud or leave upto dad? Ask for setting aside sale deed or setting aside alienation or not?? Should ask only for declaration and that its void and not binding? Should i ask for partition ? Should i ask for possesion. ? Mense profit? Punjab school applies.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

1) act as per your lawyer advice

2) your father , purchaser party to suit proceedings

3)raise issue of fraudulent sale

4) seek orders to set aside sale deed

5) also seek partition of property by metes and bounds

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Since it is ancestral land and your father has sold land without your consent. If this is your question then it is advisable to file suit for partition making your father and purchaser as party. Also to declare that the sale deed made by your father is void and not binding on you people.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

If there is fraud then you have to mention tge name of the parties who had done fraud in the opposite party/parties in the plaint.

Without your consent if your father had sold the property and after that had not given a penny to you then the opp. Party is your father. If tge purchaser is wanting to get partition then his name will also be added 8n the opposite party section.

-Should i raise the issue of fraud or leave upto dad? - It is upto you, if it's a fraud then you can go for filing a fraud case.

-Ask for setting aside sale deed or setting aside alienation or not?? - you can pray for setting aside the sale deed.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hi, you have to file suit for partition seeking your share in the property. there is no need to file suit for declaration or setting aside the sale deed.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

File a suit to set aside the sale deed as that was done without clear title as no consent from legal heirs was there in the sale along with that pray for the partition of the property.

both dad and buyer has to be made party knowing it to be it was ancestral property the buyer was also not bonefide in purchasing the said property.

its upto you if you want to inititate the fraud case or not but the sale is to be set aside then the property is to be partitioned by meats and bounds.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Yes you will have to make the purchaser and your land a party to the suit and subsequently challenge the validity of the transfer documents.

you must ask for the declaration that the same is void and as an interim measure ask that no third party rights should be created during the pendency of the case.

Yes you can ask for mesne profits also.

Your lawyer I suppose will take care of the drafting and getting you the appropriate relief. Have trust on your lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yiu can go for cancellation of sale deed as well as criminal Complaint u/s 420 IPC.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Prepare plaint by giving family tree, who acquired the property, Total legal Heirs, % of share in the property.

Partition and Cancellation of sale for no title/Share in sale consideration.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are a coparcener and are entitled to a share in the property then you may have to file a partition suit seeking partition and separate possession of your share in the property.

Since you are seeking partition from the share of your father, you have to implead him as a defendant and the subsequent buyer as additional defendant.

You may not have to seek the releif of declaration of title or cancellation of the sale deed or to set aside the alienation.

You can seek the relief of partition and separate possession of your legitimate share in the property alone.

The sale of property by your father to a third person is not binding on you hence you dont have to bear the expenses of court fee for declaration of title or cancellation of sale deed etc.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. First make sure that it is an ancestral property as claimed by you. Ancestral property is defined as the property flow of title of which has not been interrupted for 4 generations i.e. from great grandfather to great grandchildren by registering/executing any deed of conveyance or will.

2. Now, if the said property is found to be ancestral, you can file a declaratory suit praying for a declaration that it is an ancestral property which your father can not sale with out your consent and also pray for a direction upon the Registrar to cancel the said sale deed registered by your father.

3. Thereafter, you can file a partition suit leisurely.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Firstly, let me tell you that if the property is joint anscestral then it can’t be sold without the consent of other coparceners.

Secondly, you need to raise the issue of void agreement as it is without you all consent.

Thirdly, you can very well challenge it as non of the three conditions are there in your case where kerta can sell withou the consent of you all.

Fourthly, and ask for the partition also if want to demarcate separate share to save you all from future frauds, and yes make both of them party.

Lastly, if it has already been sold then you all would get share out of that.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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