• Can registered sell deed in 2010 challenge now

Process to challenged sell deed .Deed done without partition.Now Property is name of Buyer.
Case on Elder Uncle or Buyer??
I want to sell share in my Father1/3 share how can I do so?? Ancestors property.
Can Now after degree partition stay on any Construction,Sell deed.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1) Need to check which portion is mentioned in the sale deed as property and whose share has been sold in this sale deed.

2) If you're sale deed is mentioned your fathet share than you won't challenge in the court as time period has been lapsed.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Yes the sale deed can be challenged on various grounds even after 10 years.

If you want to sell your share of the property it will be good idea to have to partition first before you go for sale to identify the property.

If there is any stay in the construction then of course it will prevail

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) First you take to possession of plot and make compound fencing.

2) provide me the survey number will provide you government rates of your plot and market rate approximately.

3) What you want to do with plot exactly whether to sell or purchase ?

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

No, it cannot be challenged unless an application under s.5 of limitation Act is accepted. Generally for declaration three years period of limitation is given from the date of cause of action is provided.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. There is no legal restrictions in selling undivided share in the joint property of a person.

2. However the buyer without physical partition of the property can not take its possession.

3. The limitation to set aside a deed is 3 years from the date of its knowledge.

4. If there is illegality in the preliminary decree you can prefer an appeal and seek stay on it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello

A sale deed can be challenged in a civil court. The case should be against the buyer and the seller as both must be knowing about the status of the land. If the buyer is innocent then too he should be made a party.

Regards

Rahul Mishra
Advocate, Lucknow
13762 Answers
65 Consultations

5.0 on 5.0

1)under section 44 of transfer property act co owner can sell his share without consent of other legal heirs

2) you can also file suit for partition for division of property by metes and bounds

3)seek injunction restraining sale of property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You cannot get consideration higher than market rate of property

2) father can file suit for partition as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hello,

File an injunction suit against the buyer and also a partition suit .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Sir the sale deed can be challange by way of filing suit along with an application to.condone day further for grounds it has to referred whose property was sold.

Uncle and buyer both needs to be made party to the suit.

Furthermore to sell your share it shall advisable to partition and sell if the share is certain you can sell the undivided share too.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If father is solve he can dispose property.on the wish future if father is no.more partition suit van be files for meates and boundes.

You can claim.your share all legal heris sha get the share of equal value. To hold same you can keep possession and can fence the said property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. File a suit for partition;

2. In that seek interim reliefs, stay or further divide and injunction against other people who have a claim on it;

3. Engage services of a lawyer to understand the concept better;

4. Collect all evidence especially all the land records, 7/12 extracts etc.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Your query is lacking necessary details. If the property in entirety has been sold by the uncle then you can challenge the sale deed by filing a suit for declaration on the ground that it was without competence, hence illegal and void. You need to make the buyer also a party as practically the relief will be against him.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You can challenge the same now only if you prove that you got the knowledge now. Otherwise it's barred by limitation.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Dear Client,

Who has sold the property ? Full land or his share only.

You can file suit of preemption. Without prior notice to other co sharer by seller, you can file suit exercising your pre emption right and in that case court can direct the sale invalid and give you a chance to buy the said undivided property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you are confident that this proeprty is ancestral proeprty and you have a right for a share in it through your father's share, you dont bother about the sale already taken place.

You may file a partition suit seeking partition and separate possession of your legitimate share in it as a right.

In the partition suit you may mention about this alienation and seek injunction from further alienation or encumbrance'

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

what do you mean registered patta?

A patta is a document issued by the revenue department and it cannot be registered for whatever purpose.

You can claim a share out of your father's share in the property provided it is ancestral property and not just your grandfather's property.

If you want to to buy others share then you may negotiate the purchase from the seller/shareholder accordingly.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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