My grand father has residential property in bihar & jharkhand.In bihar(nawada) we and my elder uncle live whereas in jharkhand(dhanbad) my younger uncle live. My father had filed a partition suit in 2015 for the partition of my grandfather's property in both places.My younger uncle had made a forged will in 2014 and filed a probate case in 2015 in which my father submitted photocopy of handwriting expert document which says that the signature is false in that will. Unfortunately my father died in 2016 and the will was granted probate in 2017(ex-party order). we filed an appeal in high court against that will in 2018 which is still pending till now.(the case is in admission stage right now). My father had also filed a complaint case against my younger uncle in dhanbad(jharkhand) for making forged will in which a warrant was issued against my younger uncle but after my father's death in 2016 he was granted bail from district court in 2017. we have proceeded this case but now except handwriting expert no other witness is becoming ready to give their statement before the court second time they refused. so the case disposed in 2019. and my younger uncle also died in oct,2020. how can i deal with this case and how can i take it to a logical end? During this time my elder uncle sold some portion of the property based on that will (which is probated but demarcation of property had not been done by the court yet)in 2017 without our consent and knowledge to another person.we came to know about in oct,2020 when the buyer entered our house and started construction activity and captured the land forcefully. we filed a police complaint and based on their report a case under section 144 in going on in SDO court saying that this person should be stopped from entering our house till the disposal of present partition suit case which is not decided yet My question is what is the procedure to cancel the registered sale deed? is it necessary to make the buyer party in present partition suit case and then file a petition for cancellation of sale deed or should i file a separate suit for cancellation of sale deed under specific relief act? will making buyer a party in partition suit case confirms his share in the property also?will this step harm me in future?
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
On younger uncle death criminal case filed against him would abate ie come to an end
2) you have to file suit to set aside registered sale deed executed by uncle .make buyer party to suit
3) take the plea that will was forged and probate granted by district court has been appealed against
4) buyer should be made party to partition suit
1. You will have to file a suit for declaration and recovery of possession.
2. Yes, make the buyer party to the suit.
Since you are not a party to the sale deed, you do not have to take any steps to cancel the sale deed.
Moreover since the partition suit is going on, once the court decides about your share with identification and separate possession of your share, then there is no question of cancelling the sale deed, the buyer has to obey the court order.
You can very well implead the buyer as part to the suit but if you have to file an application seeking to cancel the sale deed, you may have to file an amendment petition to amend the prayer as well as pleadings and you may have to pay the court fee also for this.
As the buyer bought this property intentionally very well knowing about the pending litigation on the property, he cannot harm you in this regard.
