• Ancestral property minor suit

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.
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

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 

Ajay Sethi
Advocate, Mumbai
99988 Answers
8162 Consultations

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
99988 Answers
8162 Consultations

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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 ?

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You need to file suit for cancellation and take injunction for any construction or development or creating third party rights

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6246 Answers
501 Consultations

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

Please contact local advocate for more precise guidance.

Mohammed Mujeeb
Advocate, Hyderabad
19375 Answers
32 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
90189 Answers
2506 Consultations

What update do you require?

You can revert if you have any other query in this regard.

T Kalaiselvan
Advocate, Vellore
90189 Answers
2506 Consultations

1. Make application for stay on construction till disposal of suit. 

2. To set aside the Sales deed you must make parties to buyerwho have purchased the sites in disputed land.  

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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