• How to stop land registration of the ancestral land without my consent

My father is trying to sell a portion of our ancestral land to a party without my consent / signature, How can I ask the sub-register to deny the the land registration 

Note 

1. Portion of the land was settled to myself and to my sisters (3 person) as Gift deed. The undivided portion is under my father's custody 

2. My father already sold portion of the land and registered to another party without my signature, but the party did not obtained the Patta / Chitta ('Record of Rights') for the land
Asked 3 years ago in Property Law
Religion: Hindu

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21 Answers

You need to get injunction from court and apply for partition suit. Show this injunction order to sub-registrar then he.she will update in-front of your land survey number the injunction order in this you can prevent selling the land by you father. 

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Kindly clarify on what basis you say it is ancestral property 

 

2) property which has remained undivided for four generations is ancestral property 

 

3) you can file suit for partition for division of property by metes and bounds 

 

4) seek injunction restraining sale of property by father 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. You may file a suit of partition and seek a stay from the court on the transfer of such property, though in case your father is selling his undivided share he may do that. 

2. You may challenge such transfer and file for cancellation of the sees. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. From the facts presented here, it is difficult to determine whether the property in question is ancestral or not. You have stated that a portion of it has already been settled in favour of you and your sisters. A property acquires ancestral nature if it is undivided and is in common possession and enjoyment continuously for four generations.

2. Patta and chitta are merely revenue records evidencing title, and they are not by themselves documents conferring title.

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

Immediately file a partition suit and send notice to the registrar to not to do any registration as it is sub judice. 

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

1. if your father is selling the ancestral property then it is to be seen how much area he is selling. Your father has right of selling his share only and not beyond this.

2. If your father is depriving your share then to claim your sahre and to restrain him from selling your share file a suit for partition and for injunction.

So act accordingly.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file a suit of injunction against the father and also make the party to registrar so that father will not be able to sell the land.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

File a suit of cancellation of sale deed on the land which was sold by your father.

File temporary injunction on further sale.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Move an application to the Registrar, where the sale deed has to be registered in this regard that not to register the sale deed.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

- As per law , an ancestral property be cannot be sold without consent of successors i.e. son if he is in major age , and if the son is a minor then Court permission needed. 

- Further, if father sell the same without the consent of son , then he can reclaimed his share. 


- Further, As per Delhi High Court, , an adult son had no legal claim on his parents' self-acquired property , but it is not valid in case of ancestral properties.

- Further , a Gift deed cannot revoked /cancelled even by the person who executed the same. Hence your father cannot cancel the gift deed without getting order from the court . 

- Since, your father already sold the property to third party , hence you should file a Declaration & Partition suit before the court to declare the said sale deed invalid and to get your share legally. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

You need to immediately approach civil court and seek Injunction in the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Father cannot sell your portion. And if land is acquired by your great grant father and inheirted by your father than can obtain stay from court and cancellation of sale deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Check whether the property is ancestral or not ? 

Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.

If the property is registered in other person’s name then only remedy available before you is to set aside the document and declare the new sale deed is null and void .So approach a civil court for the same. If the registration is done then file a suit for partition and injunction application.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Please  approach Civil Court for obtaining an order of injunction under order 39 of C P C 1908 against all who are causing you trouble at the moment till your problems are solved. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Write an application to the registrar to intimate you in case of sale of any such property and in the said case of the sale is done then you may go ahead and file a suit for cancellation of the sale deed. 

2. Challenge the sale deed in the court of law. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If you want to ask your share in the property, the remedy you have is that you can file a suit for partition claiming your share in the ancestral property.

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. On what basis you call it ancestral?

2. If it is ancestral in the hands of your father then it does not become ancestral in your hands during his lifetime. The test is whether the land in question has attained ancestral character in your hands. If and only if it has become ancestral in your hands then you can maintain a suit for injunction to stop him from alienating the land.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

 How do you say it is ancestral property?

Your grandfather's property ion the hands of your father is not ancestral property hence any efforts taken by you to stop him from alienating or selling the property will turn futile because you don not have any rights in the property then how do you think that you can stop him from doing so.

 

Whether the so called gift deed was made by a registered deed or by an unregistered deed?

If by a registered deed, then you can file a suit for cancellation of sale deed of the property that was already transferred to you by a registered deed.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You cannot ask sub registrar to stop the registration of property until you have filed any suit to claim your share through partition of property and have stay on further alienation of property.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been a anscestral property and the same is been sold by your father without your consent.
  2. I would like to apprise you that he cannot do so as you also having right in the same property being the coparsener by birth in it.
  3. If the same is not yet divided as per law between all the coparceners and still in common use by all then you should file a suit for declaration and injunction from creating any third party interest and cancellation of the sale deed if executed already before the civil court of law.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

A public notice and a notice to the buyer. An application to the registrar.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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