You can have Injunction on construction and all previous sale deed invalid as the without your permission land was sold. So here you can get first road till your share land as per the easement act and second you father's share in the road side land.
Ancestral land partition
My grandfather died intestate in 1990, leaving behind 4 sons including my father & 1 daughter (all married before his death). My auntie and grandmother relinquished their property rights. Names of my father & 3 uncles was included on 7/12 extract of agricultural lands. In 1995 our joint family separated, but till date our agricultural lands is having common account, as it is not divided legally. In 2008 my father died. In 2007-08 my 3 uncles sold 1 acre road touch land. After my father's death names of heirs (mother, me, brother, 2 sister's) was included in 2010. In 2017 person who purchased 3 portions of my uncle's share sold 2 portions to someone else. Now on 7/12 extract we own 1/4th land, 1st purchaser own 1/4 & new purchaser owns 1/2 portion of land. Last year we came to know that this 2nd purchaser made fencing on half land starting from road. As staying in mumbai & not regularly visiting native place. My questions are, 1) How can we challenge this nov. 2017 sale deed for which we was unaware. (3 years not completed yet) 2) we demand road side portion as it is our ancestral land although my father was 3rd among his siblings. 3) What should i do to stop any construction on this land, as his is planning house construction. He had also not left any road access for our land from main road. 4) shall i include this land along with other landal in Partition suit or seperate case for this 1 acre land as names of uncles not there in current 7/12 record of this land. Thanks in advance.
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
You cannot challenge sale deed except apply for partition on metes and bound basis. It is your ancestral property than also you don't have exclusive right to claim to have road side land. This you had to settled with your uncles.
You can file case in court to claim road access only. IF due to construction your access to land if getting blocked.
Complete land will include in single partition suit.
File suit for partition for division of property by metes and bounds
2) seek injunction restraining carrying on any construction on said land
3) alos request muncipal corporation not to grant permission for carrying on any construction on said property
1. For a property to be classified as "ancestral property", the revenue records should show it as held by atleast Four generations. By virtue of this Grandfather's property cannot be classified as ancestral property, in anyway.
2. Without property demarcation and creation of sub-survey or sub-plot no. in the Revenue records .AND. a registered Partition Deed, undivided land CANNOT be sold by family members to outsiders.
3. This can be sorted out only via a proper Partition Suit .AND. another application under the Easement Act, for proper approach road to your part of the land .AND. another application for STAY Order, on third party construction /usage of undivided family land.. All this has to be supported with proper documentary evidences, witnesses and govt. survey report.
You may file suit for the injunction under order 39 of C P C 1908 against all concerned individuals, known parties and who so ever encroaches upon your property before the Court where your land is situated.
1. If the land sold by your uncle did not exceed his undivided 1/4th share then the sale is valid. However since the land was undivided he can not suo motu sell one particular portion and hence before physical partition on consent or through court no buyer can fence his share. To stop him from doing so you can file a suit for declaration, partition and injunction.
2. In the partition suit you can claim that.
3. Same as point 1.
4. Single suit. In the meantime physical stop him from fencing.
You need to file suit for cancellation in the said scenario.
That is ok
You need to take injunction from court to do the same
1. the land was owned by your GF
2. After his demise, it devolved on his legal heirs, out of whom, his widow and daughter gave up their rights
3. so the 4 sons [including your late father] became the co-owners of the land
4. the land was not at any point of sub-divided
5. this means that all the 4 co-owners owned every portion of the land equally with other co-owners
6. if that is so, then i fail to understand how your 3 uncles sold 1 acre road touch land to a purchaser?
7. without a proper sub-division, how can the road touch land be sold?
8. you will have to check whether in the 7/12 extract for this road touch land, the name of your GF is reflecting or was it owned by your 3 uncles?!11
9. if i take that the road touch land belonged to your GF and was sold by your uncles after your GF's demise to a third party without consent of your father, then since the transaction took place in 2008, any action now sought to be taken to challenge that sale will be clearly barred by limitation. The limitation to challenge the sale begins from 2008 and not in 2017 when the purchaser created further third party rights. Thus your case is clearly barred by law, unless something else emerges after going through the documents
1. Since, the land was not distributed legally, hence the sell by your uncles of any portion of the land was against the law, Hence being the legal heir of your father , you can challenge the said sell , after filing the Suit for Declaration and Partition .
3. You should file Suit for Permanent Injunction before the court of stopping the construction and interfering into the same.
4. Yes, you should file one suit namely Suit for Partition , Declaration and Permanent Injunction after making the other legal heirs and the said purchaser as Party.
1. File a police complaint under 420IPC.
2. For this file a separate declaration suit
3. File temporary injunction application.
4. Separate
1. You can file a suit for partition to partition the property with separate possession and can implead the buyer as party to the suit.
2. A proper partition by the court of law would decide this subject.
3. You file an application seeking injunction restraining him from constructing the house till the disposal of main suit.
4. You may have to include the entire property and all your uncles in the proposed suit for partition.
Dear Sir,
You are suggested to file the suit of declaration of the said sale deed as void and also for injuction against the seller (uncles) as well as the buyer for any further action. In the meantime also file the suit for partition against the uncles. It is informed that you all members are not required to visit or appear the court, rather you may give Special Power of Attorney in favor of someone among you and that SPA holder will be able to attend the court and doing the needful.
you can file partition suit before jurisdictional Civil court.
1. You can file suit for cancellation of sales deed and partition of property as per metes and bounds.
2. Pray for stay on construction and further alienation of property till disposal of suit.
3. The suit should be filed for complete land.
