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Vishal Tanwar (Software Professional)     08 December 2009

husband transferred ancestor property to wife thru sale deed

Sir,

We are two brothers and one sister all married. My father lives with me and my mother with my younger brother.

We have an ancestor property in delhi, Which was not registered. It was a simple agreement between my father's brothers, which stated the details of devision.
Six years before my mother registered property in her name using sale deed without our consent. My father signed it in good faith also to save stamp duty.

Now my mother denies to gives us share and want to sell entire property. My brother-in-law(Jija), sister and younger brother has eye on entire property. My mother and younger brother does not allow my father to enter house. They are giving threat to us.


1) Now my question is that can my father get back his property?
2) Can this property divided? How?
3) Can we stop her from selling property?
 



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 December 2009

 You can file a suit for cancellation of sale and partition of the property & claim your share.

K. Rajendra Prakash (Advocate)     15 December 2009

Challenge alienation in favour of your mother and claim your share by filing a suit for partition.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HARESH NANJI SHAH (STUDENT)     15 December 2009

Property will be shared by all HUFmembers IN RESPECT OF CO Parcenery share of members. SALE DEED is Void ab initio . Interim injunction for restricting the sale of HUF Property on the basis of Irreparable Injury which will be sustained to the Plaintiff. 

P.K.Haridasan (Advocate)     18 December 2009

 

Father cannot sell the entire property without the consent of other members of the joint family. You can file  a suit to get your share.File a suit for injunction against further transfter by mother.

Raghav Sood (Lawyer)     19 December 2009

well you need to file a comprehensive suit  for declaration to the effect that land question is juf copar property and and the sale deed dated? by the your father in favour of your mother  was without any legalnecessaity and same has no effect upon your rights along with consequential relif of injunction and possession by partition  along with suit file and intrim application for temporary injunction

acording to me solitary suit for cancellation of sale deed and partition and injunction  does nt lie being barred by limitation under article 59 of limitation and you have to declare your right and it will also be save from paying heavy court fee as in case your suit succed he sale deed itself declared null and void because when a coparner challenges the sale without and legal necessaity he need not required to pay advolerm court on cancellation

calucalte your share in property sepeartly as you can only seek the declartion of your share in the property


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