1) your father was at liberty to execute sale deed 

2) you have to file suit to claim share in property bought in step mother name as it was bought for benfit of joint family 

3) step mother had no source of funds for purchase of property 

1. It's possible to cancel the sale deed, if an order to that can be obtained from the competent court.

2. If you can prove that the source of funding for the site was, money inherited from your grandfather, like entries in bank statement, any document showing that your father gave her money, etc.

See you can file suit and contest though in my view see even otherwise the father was absolute owner of inherited money he bought flat in name of his wife he was free to do so therefore even you challenge the deeds same may not succeed.

Dear Sir,

When is a sale deed cancellable? What is the compensation provided? Is there a relief provided? Is the sale deed partially cancellable? These are the questions answered in this article to help buyer or sellers who are stuck in bad sales deed and give them more clarity on the topic.

Cancellation of a sale deed can be a tricky and critical aspect of the civil laws in India. The suppression and misrepresentation of facts, lead to situations wherein cancellation becomes the only plausible way out of a bad deal. But such cancellation requires specific grounds and reasons as in general such cancellation is not allowed by the law. The legal provisions regarding the dissolution of a deed have been described below.

ancellation

Sections 31 to 33 of the Specific Relief Act, 1963 gives information regarding when a deed can be cancelled. According to this Act, cancellation is possible when and if:

1. 1. An individual feels that the deed is voidable or has a doubt that such a deed will cause him injury if left outstanding.
   2. If the deed was registered according to the laws prescribed in the Indian Registration Act, 1908.
   3. The cancellation may be executed by mutual consent of all parties.

GET THE PROPERTY DOCUMENTS VERIFIED

For partial cancellation

• When the deed has clear signs of partiality or when it is evident that different people mentioned in the document have different rights or obligations, the court may partially cancel it and agree to let it stand for the residue.

Compensation

• On cancellation, if the court sees it fit, it may ask the other party to offer compensation or return the benefits enjoyed by the former due to the unfair nature of the deed and pay the offended all the dues owed to them.
• If a defendant resists a suit because the deed against him or her is voidable, or because the defendant has received several benefits due to it, the court may order the defendant to make compensation for it.
• If the deed has not been drawn up according to the laws stated in Section 11 of the Indian Contract Act, 1872, the court may choose to let him restore any benefit to that party, that he or she enjoyed, courtesy of the deed.

Relief

The relief provided works on the principle of protective or preventive justice and hence applies to documents executed by the plaintiff. This does not mean that the plaintiff has to be a party to the contract, but instead, he or she may file a suit if the deed is against the best of their interest.

Required conditions

1. The deed must be void or voidable against them
2. A reasonable apprehension regarding severe injury for the plaintiff
3. The case is fit for the court to make a verdict

Void and Voidable Deeds

An agreement or document that is not enforceable by law is said to be void under Section 2(8) of the Indian Contract Act. A contract is said to be void if and when:

1. its consideration is forbidden by law
2. If permitted would go against any law
3. Is fraudulent
4. Involves or implies injury to anyone or anything
5. Is immoral or against the best interests of the public

Yes, challenge the same before the competent court.

Merely sale deed in the name of wife dose not make her owner. Person who contributed in purchase is actual owner. File partition suit to claim your share.

1. Were the said two sale deeds registered by paying the required stamp duty?

2. If yes, then it will  not be possible for you to get the same cancelled without Court orders.

3. You can file a declaratory suit praying for a declaration that those sale deeds were not registered duly complying with the legal provisions and also pray for a direction upon the Registrar to cancel the said two sale deeds.

4. Engage a local lawyer having expertise in this field.

Your father in this case is not divorced so the property left after his death will be divided equally between all the legal hairs including his wife.

I will be difficult to prove that property in her name is purchased by her husband from the fund from grandfather title suit will take lot of time and energy and the feet of the title suit is not yet known.

Until and unless a person is divorced  the wife remain in  for her rights as widow and previous behaviour in not material.

Yes, you have to take injunction from court that not to sell flat til further all legal heirs names are involved in it.

The sale deed on her name cannot be cancelled  because she is the absolute owner of the said property that is lying on her name.

The property was your fathers and the money from which it was bought was also ancestral hence she couldn't have doen what she has done. Therefore file a suit for cancellation of sale deed.

you can file civil suit for cancellation of sale deed on the basis of funds transfer from ancestral property also You can file declaratory suit .

No you cannot file suit for cancellation of sales deed if it was sold during lifetime of your father.

Yes you can file a suit for cancellation of the sale deed

1. His second wife is the absolute owner of the property registered in her favour.

2. You and your brother are co-owners of  the flat which is registered in your joint names.

3. Sale deed executed by father in favour of his wife can be declared void if it is proved that sale consideration was paid by your father and from the sale of property he had inherited from his mother.