Dear Sir Need your Advice please..
Matter relating to specific performance suit...property purchased by client's grand father ..
Later on oral partition happened among father and paternal uncles but client father raised pattadar pass book on his wife I.e., client's mother name...said mother sold the property in 12-12-2011..took advance and executed an agreement along with husband and minor son( client) of 15 yrs old, denied the rights of elder 4 daughters( coparceners) with a time frame of three months11-4-2012 ,however by paying a part amount at the lapse of time frame they have extended the time for another 31-12-2012 approximately 08 months.later the agreement holder haven't came forward for registration... Later by virtue of limitation statue the agreement holder approached the court for specific performance for registration of land..but executants of agreement didn't attend the court and court has given exparte decree later on court executed a sale deed..but mean while party sold the property to third party..whom developed a mango farm..now daughters want to claim their right by filing partition suit ..how far it helps sir please advise.daughers got married...
Now the Query is shall we file Cancellation of Sale Deed and for Partition or else.
Hello R V Krishna,
I have gone through your query and I understand your concern regarding the same. I would like to provide you with a piece of advice that might help you out.
Here in your case, there are chances that the rights of the daughter regarding the property can be asserted, no matter relating to the ex parte decree and the sale of the property to a third party.
As mentioned in the query itself, the sale was executed to a third party after the execution of the decree, were the daughters aware of or included in the agreement? If they were not, then the daughters can contest this by stating the fact that they were the coparceners, according to Section 6 of the Hindu Succession Act, and there was a procedural flaw in the agreement and the decree.
Here, if the sale violates the rights of the coparceners, then they can challenge the sale on the grounds that they were excluded from the process of decision-making.
Overall, this can be easily said that the daughters have full rights under the provisions of the Hindu Succession Act (assuming they are Hindu), to either file a Cancellation of the sale deed or for a Partition if they feel so.
This can be also referred to in the case of Sahadevan v. S. Rajendran (2013), as in this, The Supreme Court held that the coparceners can file for a Partition suit if they are excluded from any agreement or partition.
Here I would like to suggest that the daughters should proceed to file for the partition suit to get their share as they are the coparceners and they consider the Cancellation of the sale deed, only if there are considerable grounds existing.
I hope I was able to clarify your issues, if you need any follow-ups regarding this, then please feel free to connect with me on LinkedIn. (www.linkedin.com/in/pankhuri-rastogi-9221b2289)
Thank You.
