Yes you can do it if the sale is also affecting your share 

You have to file suit for partition for division of ancestral property 

2) seek injunction restraining sale of property by other co owners 

3) seek orders to set aside fraudulent sale deed 

4) court fees has to be paid 

You can file a suit for partition and include all the properties including those that have been sold and seek to declare the sale of those properties as null and void and not binding on you.

You consult an experienced lawyer in the local and proceed as suggested.

Based on the facts stated by you, the property in question is an ancestral property which has admittedly not been partitioned till date. In law, until a valid partition takes place by metes and bounds, every coparcener or legal heir has only an undivided share in the entire property and no individual member has the exclusive right to sell or transfer any specific portion of such ancestral property.

In respect of the first issue, where one branch of the family has executed a sale deed from father-in-law to daughter-in-law covering land on which houses of other family members also exist, such a sale deed does not convey valid title beyond the undivided share, if any, of the executant. A coparcener cannot unilaterally sell a defined portion of joint ancestral property without partition and without the consent of the other coparceners. To the extent the sale deed purports to transfer specific land or affects the rights of other family members, it is illegal, voidable and not binding on the remaining coparceners. Such a document can be challenged before the civil court and declared null and void as against your share and possession.

Regarding the second issue, where two other plots have been sold to third parties without the consent of the entire family and without proper partition, and where those purchasers have raised construction and are occupying the land, the legal position remains the same. Any sale of joint ancestral property without partition and without authority of law does not confer absolute ownership on the purchaser. The fact that registration was allegedly not done online does not by itself invalidate the transaction if registration otherwise took place, but absence of proper registration, if proved, further weakens the claim of such occupants. Their possession, if derived from an invalid sale of joint family property, is illegal as against the other co-owners.

The proper legal remedy in your case is not merely cancellation of sale deeds in isolation but a comprehensive civil action. You should file a civil suit for partition, declaration and permanent injunction before the competent civil court having jurisdiction over the village property. In the same suit, you should seek a declaration that the impugned sale deeds executed without partition and without consent of all coparceners are null, void and not binding on your share. You may also seek recovery of possession of the portions illegally occupied by third parties, along with demolition of unauthorised constructions, if the facts so justify. The court has the power to adjudicate all these issues together and pass an effective decree.

As far as cancellation of a registered sale deed is concerned, it is important to understand that a registered sale deed cannot be cancelled by an application before the Registrar or by a simple request. Only a civil court can cancel or declare a registered sale deed void or voidable. You do not pay any “cancellation fee” to the registration department. Instead, you pay court fees when filing the civil suit. The court fee depends on the relief claimed, the nature of declaration sought and, in some cases, the value of the property or your share therein, as per the applicable Court Fees Act of the State.

In a partition suit, the court will first determine the shares of all legal heirs. Thereafter, by appointing a local commissioner, the court will divide the property by metes and bounds. Any sale made prior to partition will automatically be adjusted to the share of the seller, and if the seller has sold more than his lawful share, such excess sale will not bind the other family members.

The correct and practical path to resolve this issue is to first collect all relevant documents, including the old title documents, revenue records, copies of the disputed sale deeds, and proof of possession of your family members. Thereafter, issue a legal notice to the persons who have executed and benefited from the illegal sale deeds, calling upon them to refrain from further interference and to acknowledge your rights. Simultaneously or thereafter, file a comprehensive civil suit for partition, declaration, cancellation of sale deeds to the extent they affect your rights, recovery of possession and injunction. If there is apprehension of further alienation or construction, you should also seek an interim injunction at the initial stage of the suit.

In summary, you cannot solve this matter through administrative channels alone. A properly drafted civil suit for partition with ancillary reliefs is the legally sound and effective remedy, and court fees will be payable as per law, not as a separate fee for cancelling the sale deed. If you want, I can also help you draft a detailed legal notice or a plaint tailored to the facts of your ancestral property dispute.

Dear Sir,

You may file one or more of the following

1. Suit for Cancellation of the Sale Deed + Declaration (Specific Relief Act, Sec.31): plead fraud/forgery/undue influence or that the vendor had no right to sell the whole property (only his undivided share). Ask for injunction (to stop transfer/occupation) and that Sub-Registrar be directed to note cancellation after decree. (Important: this suit usually has a 3-year limitation — compute from date you knew of the deed or the fraud.)

1. Partition suit (seeking physical division / separate shares) against all co-owners/heirs for the entire ancestral property. In that suit you can ask the court to declare (a) your share, (b) set aside deeds to the extent they affect the undivided share, (c) account for mesne profits, and (d) direct partition/physical division. (Limitation generally 12 years — check when your cause of action accrued.)

2. Suit for Recovery of Possession / Ejectment against illegal occupants (for the two plots being occupied). Seek interim injunction to prevent further construction/alteration and ask for mesne profits (compensation for wrongful use). Use a plaint for possession based on better title, revenue records, and the fact the sale was not valid.

3. Alternate/parallel remedies: File a criminal complaint if there is apparent forgery (IPC sections 465/467/468/420/120B etc.) — this can help stop buyer’s activities and produce documents. The civil court will ultimately decide title. Use this only if you have prima facie forged documents. (Police will investigate, but file also civil suits: they run in parallel.)

Since the property is ancestral and not yet divided no family member had the legal right to sell any part of it without the consent of all legal heirs Such sale deeds are not legally valid against other family members..

To cancel the registered sale deeds you must approach the civil court You cannot cancel them directly at the registration office The court can declare the sale deeds invalid and cancel them Court fees are payable but generally only on your share of the property not on the full value..For equal division of the ancestral land you should file a partition case in the local civil court..Regarding the two plots occupied by outsiders you can seek recovery of possession because the land was sold without partition and without consent of all heirs.. The proper path is to first send a legal notice and then file a civil suit for partition cancellation of sale deeds and recovery of possession in the court having jurisdiction over the property location..

Dear client, 

In the instant case, the property being ancestral and has been undivided as of now which means that no single coparcener can sell any specific portion of the ancestral property without consent of all the coparceners. Each one of them has an undivided share in the property. The sale that took place is not legally valid since the father-in-law is not the sole owner of the property. 

It is important to note that a suit for declaration that the sale deed is illegal and void should be filed in the civil court for obtaining a righteous remedy. Also it is important to file a suit for partition as well since there are occasions of infringing the right to property.               

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.