sale deed can be cancelled or not

Querist : Anonymous (Querist) 04 August 2011 This query is : Resolved
I purchased a property from one old woman three yeras back and sale deed took place in front of the sub-registrar court by paying the stamp duty and after that property has been locked by me .Now three months back the old woman died and her four sons broke the locks of my property and they kept there locks on that property and also in the court they put the unregistered will in the court that there mother gave them property and on the will the date was just three months before the death of the old lady.Now sir as I paid the whole money to the lady three years back and now Sir the sons of the lady put in the court for cancel of my sale deed. sir is there any procedure for cancellation of the sale deed and what are the legal proceedings I can do for getting the possession of the property.

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Advocate Rajkumarlaxman (Expert) 04 August 2011
Please put the exact dates of transactions the date of sale deed and date of will if your sale deed is more then three years you have a good case t fight their claim does not survive and if already registrar then need not worry at all just move a case for injunction on the basis of possession and sale deed and their illegal encroachement . you will surely get an adinterim njunction at the first stage of the case itself.

prabhakar singh (Expert) 04 August 2011
If the lady has sold you by a registered sale deed,then her sons have no right,will or no will,But you should have not allowed them to take possession from you by breaking your lock,better regain the possession,if you can not then you will need to file a SUIT OF POSSESSION,AND GO THROUGH A LONG COURSE OF LITIGATION.IN CASE CIRCUMSTANCES LEAVE YOU WITH SUIT OF POSSESSION ONLY THEN ALSO CLAIM DAMAGES AGAINST THEM FOR WRONGFUL DISPOSSESSION AS IT WOULD INVOLVE A LONG TIME
TO GET DECIDED FINALLY.

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