Your father needed court permission to sell your share in property
2) you have to file suit within 3 years of attaining majority
3) court can grant injunction restraining creation of third party rights
4) court can set aside sale deeds
Hi my father has sold a property when I was minor and a suit has been filed in court.this property are converted into sites now the site people are building houses even the land is in court. what action can be taken to cancel the sale deeds and to take stay order in court. And my date of birth is 1994 and property sold on 2006 I have filed a case in 2018 after it came to my knowledge.
Send me update soon
Your father needed court permission to sell your share in property
2) you have to file suit within 3 years of attaining majority
3) court can grant injunction restraining creation of third party rights
4) court can set aside sale deeds
Dear Sir,
This property is not earned by your father so he can not sell it to anyone.
The minors property cannot be sold without the permission from court. Even if he has sold it, the minor has the right to challenge it on her attaining majority. Since original papers are with you, it is unlikely to sell the property without it. You can take an encumbrance certificate of relevant period to see if there is any transactions with respect to it. Moreover if you are apprehending the sale of the property, you can on behalf of the minor can file a suit for injunction restraining him from selling the rights of the minor.
Stay application will file than court will grant status quo order depend on merit of your claim.
Who actually acquired this property ? Have you file application of delay condonation ? Didn`t you file stay application with suit of cancellation of sale deed ?
You need to file suit for cancellation and take injunction for any construction or development or creating third party rights
See you can file an interim injunction application seeking stay on construction and transfer of the property also for cancellation in suit relief has to be sought and the owners have to be made party.
1. IF the said Properties were "self-acquired" and absolute Title-Ownership property AND WAS NOT ANY "ANCESTRAL PROPERTY" (4 generations old), THEN you will not be able to claim anything from properties belonging to Father.
2. IF the above is false, ONLY THEN you being the legal heir of the ancestors, you have absolute rights to claim on the proceeds of sale of property, recoverable from Father. However, you may not get Stay Order on house constructions or setting aside or nullifying the Sale Deeds.
1. You say that suit has been filed in the court. If the court has not passed an order of injunction in your favour then purchasers are free to build any structure on the land.
2. If injunction application is not decided till now then insist on the immediate adjudication of the application for temporary injunction.
Dear Sir,
You may move interim application to stop constructions and if you are interim application is not resulted in your favour then approach High Court and get a stay on such ongoing constructions.
It is possible if the said property is sold by your father in the capacity of being your guardian without obtaining a court permission and the sale consideration not used for your benefit.
The property is reportedly sold in the year 2006 whereas you have filed the case in the year 2018 only. You had become major by age in the year 2012 itself whereas you claim to have the knowledge in the year 2018 only.
If the sold properties have been converted into buildings then yo could have file an injunction application to restrain the buyers from converting the vacant sites into buildings b y impleading all the buyers as necessary parties to the suit.
you do not have to take any action subsequently for all the developments taken place subsequently because yor relief was based on the condition prevailing at the time of filing the suit.
Once you are getting a judgment in your favor you can execute the judgment then as per the court order in respect of your share in the property.
Until then you may concentrate on your case alone.