1. See your father has to.file for cancellation of sale dome by the muslim person. He has to contest the other suit as the suit if factually tricky and he has to contest same get judgement then only relief can be granted.
Our property land sold by someone else
Dear Sir/Madam, My Grandfather owned property land (Bihar), in which 4 shares were made among his wife and 3 sons. Since my grandmother lived with us/my father after grandfather passed away, she wrote her share to my father for which he also got the decree from the court. My father since my grandmother passed away (1997), asked both brothers to come and do partition among selves but none of the 2 brothers turned up. He then filed a court case for the partition which is still on-going. After being fed up my father decided to sell some of his portion of land, so that others come and work on compromise partition or court partition. Meanwhile one of my father's brother (middle) passed away, and his wife then sold all of his' portion to a third person (a kind of property broker) including the portion of the house where they used to live. The house is one single house where our grand parents, his middle son and younger son/my father used to stay. Legally, she should have given option to buy the house to my father as a joint house. My father then approached the person who bought the house but he denied and put some of his relatives in the house after doing some demolition/renovation. My father approached the court where a commissioner was deputed who was corrupt and didn't do the right job/report. My father then put the objection on his report in the court. Meanwhile my father's elder brother also passed away and his son also started to sell to the same third person and became alliance with him. My father put the injunction so that no one further sells the land unless partition decree is done but even the third person kept selling few plots. Now the third person brought in some one (religion Muslim) stating that my grandfather sold him lasn in 1968 for which there is no record found. This came in 2017 and without our knowledge this muslim person's son (after his father died) sold 3.2 disimal of my father's land to another person in 2018/June. He now filed a case against my father in court to help him getting this land. This is a trick altogether done by the third person and my father's elder brother's son/his lawyers etc. 1. Could you please suggest what is the way out? My father got the RTI answer that the old records have been damaged. 2. Can my father still sell his land? out of his land some portion was illegally sold by the muslim person.
Asked 6 years ago in Property Law
Religion: Hindu
10 Answers
Your father has to file suit to set aside fraudulent sale of land
2) if injunction order has been passed then sale made in contravention of court orders would amount to contempt of court
3) you have stated that commissioner was appointed and father has objected to his report . What is status of pending case kindly clarify
Nobody can sell land before it has been partitioned. Land whoch has many shareholders cannot be sold unless partition has been done. All the transactions which has the effect of selling varuous portions of land are illegal. A cancellation of sale deed suit can be filed against all such transactions.
The Muslim erson has to prove that he is the owner. Sale deed etc. Otherwise he has no claim.
First, get all mutation papers from the year 1965 inwards check the details of all land papers if it comes under your family tree than your father can sell this land. For selling you must have past mutation records proof to show buyers as well.
Your father should lodge FIR against all of the culprits that they are harassing you father by making false claims for pressurising him to sell the property on very low price as compare to market value.
He can file a writ petition before HC with the help of RTI for appropriate directions.
He can also challenge the sale deed of the Muslim person
1. This is a common method to harass the other legal heirs of the jointly held properties. The Muslim claimant shall have to prove his title with evidence and it is not your prime duty to disprove him first. Your farther shall have to challenge all the sale deeds if pre-emption for the sale have not been made.
2. Your father can sell his share of the undivided land.
1. Since the widow of your father's brother sold the latter's share only you have no case at all against her..
2. So far as the alienation in contravention of the injunction order is concerned you have the remedy to file an application for contempt of court against her, but contempt is made out against the third party only and only if he was a party to the injunction suit.
3. In a matter of this nature it is almost impossible to formulate an opinion of rights and remedies unless all the related documents are perused. So consult a lawyer with the complete set of documents.
Your father cannot do the same mistake what his siblings or their legal heirs have done on the other property.
Since your father has filed the partition suit, he may have to fight it out legally or he withdraw the suit and then sell his property.
File FIR for cheating and forgery. No purchase document available and sale is of 1968 ? Bogus claim, court case cannot be admitted.
Tell your father to sold his complete portion. no illegality.
