• Fraud and misrepresentation

Dear Sir,
My father was opened a Company in 1986, in that company my mother was a partner 25% my grand father was partner 50% and my father was partner 25%. some bad circumstances my father give out my mother from home in 1987, but a company and partnership was not terminated, in that company have a 47000 Sq. Ft. land, after my father give out my mother from home he was also go away from home, after that my grand father was sold a lend to other person without my mother or  my father's signature. 

That lend was sold in 1989 so is it possible to file suit for declaration and how?

My mother's age is 61 years

Please help me
Asked 3 years ago in Property Law from Palanpur, Gujarat
what were you doing these years
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since your mother and father were partners to the extent of 25% each in the company they can impeach the sale of land by your grand father if they can show that they were unaware of the sale till now.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0
In that event they may file a case for cancellation of the sale by your grand father.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
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1. Your parents can not file a declaratory suit praying for declaration that they are the owners of 25% each share of the said property,

2. In the same suit they can pray for a direction on the Registrar to cancell the registration of the sale deed of the property illegally executed by your grandfather.
Krishna Kishore Ganguly
Advocate, Kolkata
13546 Answers
291 Consultations
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if the property was sold in 1986 what was your mother doing for 25 years . she sould have filed suit to set aside sale deed as it was vitiated by fraud
Ajay Sethi
Advocate, Mumbai
27184 Answers
1473 Consultations
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I have already suggested to you that your parents can file a suit for cancellation of sale deed and recognition of their ownership to the extent of 25% each in the land sold by your grand father during his life time.
Ashish Davessar
Advocate, Jaipur
19555 Answers
507 Consultations
5.0 on 5.0

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