court fee for sale deed cancellation

Querist : Anonymous (Querist) 15 January 2011 This query is : Resolved
Dear all,
i have my anstrel property and dispute b/w me and my brother. i got stay order and L.C. in my favour. meanwhile my brother sold this property to his wife after the death of my mother on behafe of her G.P.A.(show her live but she died and she need money so she sold this property)
So, my q is that if person was died, can it possible that property sold after death. show her/ his live.

what is the action?
Can i filed a case of regisrty cancellation?
what is the fee?
we are in possession

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adv. rajeev ( rajoo ) (Expert) 15 January 2011
To whom the property was alloted in the partition? If it was alloted to your mother in this also you have got equal share along with your brother. After the death of your mother your brother cannot sell the property thru., GPA as if your mother is alive. File a suit for partition taking the contention that sale is not binding on me and purchaser is the necessary party.

n.k.sarin (Expert) 15 January 2011
Mr. anonymous,the sale deed which was executed after the death of your mother on the basis of her GPA is a void one.
yes, you can file a case of cancellation of sale deed.
No court fees required.
Keep maintain your possession.

Jithendra.H.J (Expert) 15 January 2011
think differently!
if you seek cancellation of sale deed you have to pay court fee on market value! try to seek different relief instead of cancellation!!!!!!!!!!!!!

Guest (Expert) 15 January 2011
file a partition suit and get relief for the document as null and void. for other things of CF refer concerned state act and a local lawyer

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