1) Under Section 8 of the Hindu Minority and Guardianship Act, a natural guardian cannot sell, gift, or transfer a minor's immovable property without prior permission from a competent civil court.

2) Your father's application to the MRO (Mandal Revenue Officer) to unilaterally cancel that sale deed/gift without a court order was legally invalid. An MRO does not have the jurisdiction to invalidate a registered transfer of property or adjudicate title

3)father did not hold clear legal title after the first transfer, his registered sale deed to you and the affidavit, while demonstrating his clear intention, are legally vulnerable since your nephew's initial rights were bypassed

4)file a First Appeal against the  judgment. You need to present your father's written affidavit, his intention, and the details of the gold and fighting that led to the separation. 

1. The decree passed by the civil court mut be challenged by you through an Appeal.

2. A deed done on behalf of the minor but without the consent of court is voidable at the option of the minor on attaining majority. So your nephew has done this as permissible under law.

3. You only option is to apply for setting aside the civil court decree in Appeal and if the merit of the case is in your favour then you can get it done.

Consult your advocate. 

Basically the cancellation of sale deed by your father for the property to which he was just a guardian to the minor purchaser is invalid and illegal.

Next thing, when the cancellation is illegal, he doesn't have any rights or title to the property hence the sale deed executed in your favour is void and invalid.

Now your nephew can file a suit for ejection to evict you from the property based on court judgement in his favour.

Dear Sir/Madam,

Once the property was purchased in the name of the minor, the minor became the owner. Your father could not cancel that sale deed or take back the land without proper legal authority/court order.

The later sale deed in your favour is weak if the civil court has already declared it illegal and the nephew has got mutation.

Your possession alone will not prove ownership. Your practical remedy is to immediately file an appeal/stay against the judgment, if limitation permits, and consult a property lawyer with the decree, sale deeds, affidavit and revenue records.

Advocate Saurabh Agrawal

It can’t be unilaterally cancelled it can be only cancelled by a court order or mutual agreement 

Without going through the Documents, its difficult to advise. Legal position for cancelling a property registered on a minor's name is through court and not as a regular transaction usually at the SRO office. 

Thanks

Adv. Raj

Hyderabad

From the facts stated by you, the crucial issue is whether your father had the legal authority to cancel the original registered sale deed executed in favour of his minor grandson and thereafter execute a fresh sale deed in your favour.

If your father had executed a valid registered sale deed conveying the 5 acres to your nephew (your elder brother's son), with your father acting only as the natural guardian accepting the property on behalf of the minor, then ownership vested in the minor immediately upon registration. The fact that the beneficiary was a minor does not make the transfer revocable.

In such circumstances, your father could not unilaterally cancel the sale deed merely because he later changed his mind. Once title had passed, the property no longer belonged to him. Any subsequent cancellation deed or mutation obtained before the revenue authorities, without the intervention of a competent civil court, would ordinarily not divest the minor of his title. Revenue authorities cannot adjudicate title disputes or annul a registered conveyance.

Further, any sale of a minor's immovable property generally requires compliance with the provisions of the Hindu Minority and Guardianship Act, 1956, including obtaining permission from the competent Court where such permission is legally required. A transfer made in violation of the statutory safeguards is liable to be challenged by the minor upon attaining majority.

The affidavit executed by your father expressing his intention to give the land to you may support his personal intention, but an affidavit cannot override or cancel an earlier registered sale deed. Title to immovable property is transferred by a valid conveyance and cannot ordinarily be altered by a subsequent declaration of intention.

Since you have stated that your nephew has already succeeded in the civil suit and the revenue records have been mutated in his favour, the position is presently governed by the decree passed by the competent civil court. If that decree has attained finality, your remedy would ordinarily lie in filing an appeal before the appropriate appellate court, if you are still within limitation, or by seeking condonation of delay if sufficient cause exists.

Your continued physical possession of the land is a relevant fact and may have consequences in any future proceedings relating to possession or execution, but mere possession by itself does not confer ownership when a competent civil court has already declared title in favour of another person.

Therefore, you should immediately obtain and have an advocate examine:

• the original registered sale deed executed in favour of the minor;

• the document by which your father purported to cancel that sale deed;

• the subsequent sale deed executed in your favour;

• the judgment and decree passed in the civil suit; and

• whether any appeal has already been filed or whether the limitation period for filing an appeal can still be invoked.

Without examining these documents, it would not be possible to advise whether the decree can still be challenged. However, based on the facts narrated, the unilateral cancellation of the original sale deed in favour of the minor is likely to be the principal legal difficulty in your case.

Dear Client, This is a complex legal situation where your primary challenge is that a court of law has already passed a decree in favour of your brother’s son In India once a court has declared a sale deed void and mutated the property records in favour of another person The person is recognized by law as the legal title holder of that property The fact that you are currently in physical possession of the land is a factual reality but it does not equate to legal ownership possession without a valid title deed is vulnerable and the right owner can legally seek to evict you through a suit for possession or by approaching the authorities to enforce the court decree.

Regarding the written affidavit and your father’s intentions these documents are generally insufficient to override a registered sale deed or a final court decree An affidavit is essentially a statement of fact and not a title conveying document it cannot undo a previous transaction or change the legal ownership of the land that has already been adjudicated by a court Your father’s attempt to unilaterally cancel the sale deed through the MRO without courts permission was legally flawed from the start as only a civil court has the authority to cancel such a registered deed because your brother’s son has already won a civil suit the court has effectively already considered the chain of events and ruled that the transfer to you was invalid.

To protect your position, you must consult a civil lawyer immediately determine if there are any grounds for an appeal or a review petition You need to check if the limitation for challenging the court’s decision has passed or not If you were not properly served with notice for the earlier suit or if there were critical facts that were not presented to the court you might have limited legal options to reopen the matter. I hope this answer helps, if you have any further query kindly do not hesitate to contact us. Thankyou