cancellation of registry
Legal_Query
(Querist) 16 March 2010
This query is : Resolved
Greetings,
'A' without informing his wife and daughter sold his ancestoral land to 'Z'. Now can A's wife and daughter institute a suit for cancellation of registry and get their share in the ancestral property sucessfully.
relevant case law will be helpful
thnks & rgds
Raj Kumar Makkad
(Expert) 16 March 2010
Wife and daughter of A can legally get set aside such sale-deed got executed by A by filing a civil suit for declaration and injunction thereto.
N RAMESH.
(Expert) 17 March 2010
In ancestral properties of "A", his wife has no share or right.
As far as daughter of "A" is concerned, to claim share, the property should have been sold after 2005.
If the sale is before 2005, both wife and daughter do not have right in the property and no suit can be filed.
Provide particulars as to
date of sale,
in which state property situate,
what is age of daughter and whether she was married and when?
(in case of succession to ancestral property by a daughter this particulars are relevant)
A V Vishal
(Expert) 17 March 2010
Well replied and adaequate too by Sri N Ramesh.
Ravi Shekhar
(Expert) 17 March 2010
As advised earlier by other colleagues, if the Legal Heirs had right in the property, then it will be advisable you should file in the same suit, where you are seeking declaration of the deed being illegal, you should seek for partition and possession. As correctly pointed out, WIFE will have no right in ancestral property of husband.
Kumar Thadhani
(Expert) 17 March 2010
Your suit for cancellation of registry and suit for share in ancestral property will bear no fruits, since is barred by limitation.
