1) property was bought by father in name of mother for benefit of joint family 

2) mother had no source of funds for purchase of property 

3) court can set aside sale deed and partition the property 

Merely buying property in the name of mother dose not make her owner. After father`s death, property will inherit  in all equally i.e. 1/6th share each. Sale is illegal.

1. Typically & Legally, it will be construed that Father Gifted the Money to Wife as "StreeDhan", which again is construed irrevocable and absolute at the hands of receiver (mother). Here Mother derives absolute rights to sell her house (even though it was financed by Father during his lifetime) WITHOUT any legal reference to her children's or whosoever.   

2. HOWEVER, the above can be circumvented IF the House-Property was reflected in Father's Income Tax Returns, which in turn will prove that Father never intended to give Property to Mother and Property was purchased in Mother's name only for Family convenience purposes. Check This.

3. If point no. 2, is true, THEN "ONLY" the children/s have ground to file to set aside the Sale Deed, (and  stake claim /rights) on grounds that "Title-Ownership" of Property belonged to Father and NOT to Mother (since Mother's Income Tax Returns, do not record the Property in her name).

judgments depend upon facts of each case 

2) it has to be proved by you that mother had no source of funds to buy the property 

Sir I am not sure what are others opinion on it but in my view any property in hand of Women in India is treated as her self acquired property as mother can claim said property as gift being the absolute owner of the property and she can freely sale same without your consent.

As since the property is from income of father not joint family she may defend her claim . 

Even though your father funded for the purchase of the property out of his own income, nothing prevented him from buying the property on his name.

Thus his intention to buy property on your mother's name is to give her the property as a benefit to her.

Therefore legally she becomes the absolute owner of the proeprty with clear and marketable titled to the property on the basis of the registered title deed.

In the given circumstances, she need not seek the permission or consent of her children to sell her own property.

She has the full authority to transact with the property in any manner she may desire and decide, therefore your suit for cancellation of the sale deed may not be maintainable or tenable in law.

In my opinion, you may be fighting  a losing legal battle, therefore it is still well within your limit to decide about withdrawing the suit and go for a compromise settlement with your mother so that she may allot some share in the sale consideration amount to her children.

There are plenty of such judgments where it is clearly stated tht the proeprty belonging to a person can be sold without taking permission or consent from her children, becasue she is the title holder by virtue of registered title deed on her name.

Dear Sir,

It requires evidence instead of citations. If you are able to prove that it is a transaction like that of Benami transaction it was purchased in the name of your mother by your late father by investing his income. Your mother being housewife having no sources of income as such the said property is HUF (Hindu Undivided Family) property or self acquired property of your father. If you share the pleadings of other side then standard questions can be prepared which makes you to win the case.

1. You have to prove that your mother doesn't have any source of income and property was purchased by your father by his income. 

2. Once it is proved chances for partition and set aside of sale will become good. 

You can file for cancellation of the said sale deed and seek your share from the said property

1. Since the sale deed was executed in favour of your mother she being the owner did not require your consent to sell the property.

2. The maximum you may do now is file a suit for declaration to declare that your father is the true owner of the property in question as sale consideration was paid by him and not your mother but you will also have to challenge the alienation made by your mother. The subsequent buyer has to be made a party.

sale deed can be cancelled unilaterally through an appropriate petition before the competent court by one of the party to the deed praying it to be cancelled and the reasons thereof.

You can file a partition suit before court along with a injunction petition and cancellation set aside of sale deed petition is also required to file before the same court.. 

you have to prove that mother dont have any income source property purchased by your father . 

you have to prove that mother dont have any income source property purchased by your father .