Can i recover my share of my grandfather’s property already sold 10 years ago by my father’s senior

Querist : Anonymous (Querist) 29 August 2011 This query is : Resolved
Can I recover my share of my grandfather’s property already sold 10 years ago by my father’s Senior elder brother by playing fraud who is an advocate himself with out our knowledge by attaining occupancy rights U/S 8 of Abolition of Inams Act 1955 by falsely filling a petition before the Regional Divisional Officer which came to our knowledge recently the said property has been already sold as aforesaid. It was my father and my junior elder father who did agriculture on said property, my senior elder father (advocate) never even visited the said land in my grandfather lifetime. 1) Is there any limitation which bars my right to claim my share a grandson after 10 years on a property which has been already sold 10 years ago. 2) Can I file a suit for partition making the buyers as defendants including my senior elder father who is an advocated who fraudulently cheated my father and his Junior elder father by selling without there knowledge ? 3) Can that said order of RDO be suspended by the collector if we all the grandson’s file a petition before the collector for suspension of the same 4) will I get my share of land or will I be awarded any compensation as it is situated at a very prime location now? 5) Can my senior elder father’s bar membership can be cancelled for cheating and fraudulently selling away the property? I myself recently started practicing law as a lawyer. I would appreciate all your valuable suggestions and thanks in advance..

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M/s. Y-not legal services (Expert) 30 August 2011
Your query not that much to answer without knowing the entire facts. Even i will try. First you have to clear something, that whats your status before ten year.. I mean are you minor? Or major.. Then when you got the knowledge about this sale.

M/s. Y-not legal services (Expert) 30 August 2011
1. Yes. Limitation is there.. Earlierly if you were minor mean, after attend the major with in three years you have to be taken necessary steps for partition along with declaration for the above sale deed is null and void, since its include minor's share.. Also you can be pray for mandatory injunction to demolish if any super structure of the suit property if any by the purchaser.

M/s. Y-not legal services (Expert) 30 August 2011
2. Yes you can. But its depends upon the circumstances. You should be initiated the proceedings with in 3 years from the date of knowledge, or major age. As per your statement its sold ten years back itself. So your cause of action should be with in 3 years.

M/s. Y-not legal services (Expert) 30 August 2011
3.without knowing the fact we can't answer to this. Its will be decided by the facts and circumstances.

M/s. Y-not legal services (Expert) 30 August 2011
4. Yes. If your case have prima facie mean you can claim your share. As per your prayer only its will be decided..

M/s. Y-not legal services (Expert) 30 August 2011
5. For your family and personal issues, bar council will not interfere with this. Also membership can't be cancelled for this reason.

Sailesh Kumar Shah (Expert) 30 August 2011
well explianed by mr. Tom, advocate. In addition to that You can also lodge fir.

Querist : Anonymous (Querist) 30 August 2011
I appreciate and thank you for your valuable advices.I was a major during then the year of sale but as i said it came to our knowledge recently.With reference to the 5th point does it tantamount to or does it attract professional misconduct under The Advocates Act 1961 for not following professional ethics firstly and Cheating upon on his own younger brothers and executing a sale suppressing the whereabouts of the my grandfathers property by keep it in the dark and selling it to the 3rd parties with out taking the consent of the other legal heirs being a lawyer himself.

J K Agrawal (Expert) 30 August 2011
Dear Sir

1 Limitation is 12 year from sale.

2 Yes but you have to seek declaration also. No limitation for partition, for declaration Limitation is 20 year from dispossession.

3 It depends in which state you live but generally possible.

4 Yes if you have right under abolition of Inam Act or any other law.

5 Not a professional misconduct but is immoral

Querist : Anonymous (Querist) 30 August 2011
I really appreciate your kind advice Agarwal Sir. Thank you.

Raj Kumar Makkad (Expert) 30 August 2011
here only tom and tom and i really appreciate him.

Querist : Anonymous (Querist) 31 August 2011
I would further like to appreciate if any one wants to add up to the existing advice rendered.While i thank everybody with all due respects who rendered their valuable advise me.

girish shringi (Expert) 31 August 2011
I will go with my friend Tom.

Can i recover my share of my grandfather’s property already sold 10 years ago by my father’s senior

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