Writ petition for woman's seeking share on ancestral property
Narender Singh
(Querist) 22 May 2013
This query is : Resolved
Dear sir,
We want to file a writ petition for cancellation of sale deed, Permanent Injunction & Partition for our share in ancestral property(agricultural land in Delhi). The sale deed was made by our father three years back. Also, our father was died three years back.We are the daughters of above said father.
Please explain should we file case against the purchaser or registrar & what is our chances.
Adv Archana Deshmukh
(Expert) 22 May 2013
A civil suit has to be filed in the civil court and not a writ petition.
Raj Kumar Makkad
(Expert) 22 May 2013
Your father was not owner to the entire property being its ancestral nature so the sale is void and is liable to be set aside but for this purpose, you need to file a civil suit within 3 years of date of knowledge of such sale deed.