Hi, My father sold ancestral property in 2008, in collusion with brothers. I was living out of city at that time and then moved overseas. How can I challenge sale deed in this case and get an exception for time barred 3 year rule. Is there any expert lawyer who understands legality on this case?
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1) please clarify on what basis you say property is ancestral
2) if it is ancestral property your consent would be necessary to sell the property
3) you can move court to set aside sale made by your father within period of 3 years of discovery of fraudelent sale
1) please clarify on what basis you say property is ancestral This property has been in our family since generations. I have required ownership documents in my father's name and his father's name and so forth, i.e. valid transfers (intekaals) . It would be possible to obtain these documents from local govt registration department. 2) if it is ancestral property your consent would be necessary to sell the property No consent of any kind was obtained, neither written or otherwise. Instead I was mislead that everything is fine and nothing is wrong. but then I came to know of it during some conversation among themselves. 3) you can move court to set aside sale made by your father within period of 3 years of discovery of fraudelent sale. I have requested a copy of deed from govt office, but per them, person need to come to visit them in person to obtain a copy. Is it possible to file this case directly in high court, instead of local court? I would like to request a legal council in this case from a lawyer. Anybody who wants can email me on nareshk.legal at gmail.com
1) it is ancestral property as it has remained undivided for four generations
2) your consent was necessary for sale of ancestral property
3) obtain certified copy of sale deed from sub registrar office
4) jurisdiction of court would depend upon the teliefs claimed .
5) lawyers will not email you at your gmail Id . You have to contact a local lawyer
Dear Sir/Madam, If the said property is in India, from the date of knowledge, the civil suit for declaration of cancellation of sale deed and etc., to file before jurisdictional civil court by made parties of your father and purchasers of that property.... If it is the said property is ancestral property of yours, you have to file civil suit for partition suit against your father and subsequent purchaser.
The property may be ancestral but it may be ancestral only for your father and not you. What is to be seen is whether the property was ancestral in your hands as on the date of sale thereof. You have stated that the ' property has been in our family since generations', but this does not help your cause. The title deed of the property alone would demonstrate whether it is ancestral for you or not. You are free to file a suit to challenge the sale to claim your share if you can prove the property as ancestral.
The case can be filed directly in the HC only if the HC has original jurisdiction.