You can file suit to set aside sale deed by your father
delay in filing suit has to be explained
chances of success are bleak
Cancelling deed of propety sold without all heirs signature
My father gave (by registration) a small path in our agricultural land to someone else a few years ago. This was in ancestral agricultural land. However, I wasn't asked to sign the deed despite me being the legal heir (along with my father; no other legal heirs for this agri land) and over the age of 18 at that time. So I want to cancel this deed as I didn't sign it and return the money to the third property. Basically keep our original land as it was. Is it possible to cancel this deed registration (signed by my father) without my signature? If I file a case, what's the likelihood of getting a stay to not use the path until the case is resolved in court eventually?
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Rather than success, I am more interested in getting a stay to not use the path right now even if case is lost in the end. What's the chance of getting such a stay?
Asked 4 years ago
You don't have to file a suit for cancellation of the sale deed.
If you are confirmed about your rights in the property you may have to file a suit for partition and claim your legitimate share in the property with separate possession.
Since you are not a party to the sale deed you need not seek cancellation of the sale deed, you can confine to your relief alone.
In the suit for partition you can file an application seeking injunction to restrain them from using the pathway till the disposal of main suit.
Yes if you go to the court it will be cancelled and you will get a stay. You can file a suit and seek injunction
You would not get stay as only easmentary right of access has been granted
further number of years have passed since right of access has been granted
As you crossed 18 then you cannot challenge.
G.RAJAGANAPATHY
High Court of Madras
