• Regarding the Sale of Ancestral Property

I have a ancestral property of my father village that has not been partitioned yet 
1. but one family has made a sale deed from father-in-law to daughter-in-law. The property on which the sale deed has been made also contains houses of our family members. 
2. There are other two plots that we had has been sold to other party without our entire family consent and they have made home and living in it illegally. The registration is also not done online.

My questions is how can i cancel the sale deed that has been registered, apply for partition of ancestral land equally and also get the two plots that has been encroachment by others without proper partition of land, also do i need to pay any fees for cancelling the sale deed. 

Also mention the proper path to take to resolve this issue.
Asked 2 hours ago in Property Law
Religion: Christian

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2 Answers

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

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

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