• My right in the property of my father inherited from grand father

Sir,
   My father got  his share of  property by a court verdict in the year 1937 from his grand father.  His father ( My grand father died ) died at an early age.  My father had three sons later . In the Year 1963 he made a partition deed registered for his sons including me. Till date we live as a hindu joint family and no settlement effected between us. I went to the court in 2005  for my share of property and to severe the HUF status. My Lawyer left out some of the immovable properties in the list submitted to the court. The court has given a preliminary order appointing a Commissioner. But the commission enquiries are not carried so far. Now the sons of My eldest brother( Who is no more) are selling the immovable properties which are not submitted before the court  claiming that this part of propert are in their father's name  Which are highly valuable urban lands. Can i claim rights in this property which is in the name of my brother?
Asked 2 years ago in Property Law from Dindigul, Tamil Nadu
you can file an amended plaint under orderVI rule 17 and can bring on record those properties also and take a interim stay on those properties as early as possible
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
amend your plaint to include list of immoveable properties left out by your lawyer . dont balme your lawyer as Plaint is signed by you . it is your duty to check whether all immoveable propeties have been included . you can obtain an injunction restraining sale of properties by your cousins .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
it is your case that partition deed was made by your father in 1963 among all the sons . if as per deed your uncle is shown as owner of some properties his legal heirs would be free to dispose it as they desire . it is necessary to go through the partition deed and other documents to further advice
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
file a suit for declaration,declaring the sales as null and void
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Casting the blame on your lawyer is not proper as the plaint has been signed by you, moreover there may be valid legal reasons for your lawyer to exclude mentioning those properties. Since we have not perused the plaint we cannot vouch if there is negligence or not on the part of your lawyer. 

Having regard to the fact that your cousin brothers are attempting to sell the properties which to date are not a subject matter of the case pending adjudication before court it will now be prudent for you to apply for modification of your plaint and request a stay order over the sale after submitting for motion the list of properties left out by you. You need to act swiftly as in the event of properties being sold by your cousin brothers it will be difficult for you to retrieve them as impeaching third party rights is never easy in such proprietary matters.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Without perusing the court order passed in 1937 and the deed of partition made in 1963 it is impossible to apply legal mind, albeit in view of your own statement it seems that HUF status was no more in existence as on the date when you filed the case. The onus is on you to prove the existence of HUF in court. 

Registration of properties can be got cancelled by challenging the same in court on the ground that the seller had no right to sell the property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You cannot approach High Court directly. Injunction and cancellation of sale has to be sought from the lower court itself. If the lower court rules against you then you may go in for an appeal in the High Court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
it woul depend upon the pecuniary jurisdiction of courts in your state . you have to on basis of legal advice file case for declaration and injunction . where is your original petition pending ? file application for amendment of plaint in same court to include these properties too .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
amend your plaint under order VI rule 17 and add all the properties left earlier and file it in the same court where it is already pending
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation . 
if you have xerox copies of suit proceedings you can rely upon them if original is not traceable in court records . you must be having certified copy of order passed by court   In 1937 . you need to prove facts mentioned by you
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. You certainly have to prove that the property is ancestral. Your success is contingent on the property being proved ancestral.

2. A xerox copy will suffice. 

3. Mentioning the facts will not suffice, you need to prove them.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
You certainly have to prove that the property is ancestral.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in case of immovable property who ever asserts that he is not the owner of the property in his possession, then it is upon that person to prove that he is not the owner of the property  and similarly the other way round.

you can get it get from sub court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
your lawyer will do the needful if court records are available of said year
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. In a nutshell, since you have filed the case you alone will have to prove that they are ancestral.

2. Your lawyer will assist you in procuring the required copies.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
yes certified copy of court order
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
certified copy of order will serve the purpose . . thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
A certified copy of this will suffice.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Thank you for appreciating.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0