Cancellation of sell deed
Adv.Vishal Anil Vyavahare
(Querist) 12 May 2012
This query is : Resolved
Hallo Sir,
I am practicing lawyer of Nashik Dist.My clients father having some agricultural lands bearing his and my fathers sisters name, but all these properties are ancestral properties and my clients name is not mentioned in 7/12 extract. Meanwhile taking advantage of his name some portion of agricultural land has been sold by my clients father before two months without obtaining the consent of my client. So now my client wanted to be declared that sell deed null and void through Court and also wanted to claim partition with injunction by virtue of member of Joint Hindu Family.Is it fine if i will filed asuit for declaration and partition with Injunction ? Please advice me Sir....
Regards,
Adv. Vishal A. Vyavahare
ashutosh mishra
(Expert) 12 May 2012
You need to file a suit of declaration that properties are ancestral coparcenary in which your client has an undivided interest,the sale without partition is void,and as reliefs,besides declaratory and injunction, you should seek cancellation of sale deeds.
ajay sethi
(Expert) 12 May 2012
you have stated atht ancestral property has been sold by your client father as it was standing in his name and that of sister .
first cross check whether property was really ancestral as claimed by your cleints . if it was purchased by your client grand father from his own savings and on his detah it was bequeathed to father and his siter it would not be ancestral .
what is total agricultural and owned by father and sister ? what portion has been sold . before filing case be cautious as once you file suit you will incur your father displeasure and he may disnheri you .
he can file suit for partition but be careful
Suhail A.Siddiqui
(Expert) 12 May 2012
Look after all necessities for declaration/ part ion suit and then your suggestive steps are appropriate.
Shonee Kapoor
(Expert) 12 May 2012
I also endorse that the suggestive steps are appropriate.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
