partition deed is cancelled  and making a sale deed partition deed is cancelled and making a sale deed

5 months ago

Hi , my grand pa have 2 sons and 4 daughters , daugthers have no share and they have agreed and the partiion made to 2 sons after my grandpa died . my father is not satisfied with it and cancelled the partition deed through the writ petiotion by high court . after the cancellation my fathers brother sold the part of land to third party which is suppose to be ours , but this sold portion is mentioned as his part . Is this sale deed valid ? now my father died and he mad a suit for parttion and injection during the sale is known to my father . how to proceed and recover our part .

Anik

Responded 5 months ago

View All Answers
A.Dear Client,
The sale deed may be invalid if your father's brother did not have the legal right to sell the land. If the sale deed of the portion of land sold by your father's brother is invalid, you can challenge it in court. Even if the sale deed is valid, you may still be able to recover your share of the land. This would be the case if you can prove that your father was not aware of the sale at the time it took place.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 5 months ago

View All Answers
A.Dear Client,
When a Deed of Partition is cancelled by the High Court, then the property is termed as undivided property and the legal heirs lost their title or ownership of individual share in the said property. In such a status of property, when a share or portion of the said undivided property is sold to a third party who filed a suit for partition and injunction to obtain the physical possession of the portion of land of the said undivided property by virtue of sale deed. So, to contest the civil suit to protecgt your interest, reach out to an Advocate for guidance and proper steps.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconStreet parking in residential colony
Dear Client, Try to resolve the matter among yourself. Firstly if its an apartment try to complaint to the apartment authorities . Harassment per se would not be a valid ground apt to the scenario, Y...
question iconWork money not paid
Dear Client, This is a very tricky situation. Technically speaking there must have been a documentation of you resuming work after your first email and you continuing working there makes it unofficia...
question iconCommon wall
Dear Client, Firstly please bring it to the notice of the apartment association if you live it in an apartment. Secondly communicate with your neighbours and learn as to what work is being done and...
question iconProperty joint way issue
Dear Client, Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In...
question iconVarsai & will
Dear Client, The wife of the deceased husband is not entitled to his ancestral property. According to Hindu Succession Act, only the coparceners of a Hindu joint family are entitled to inherit ancest...