how to cancel sale deed
Querist :
Anonymous
(Querist) 23 December 2018
This query is : Resolved
An ancestral land, grand father get by partition from court in 1941, grand father died, but at the time of grandmother, my father, living the unblance life not as it expected from norma human being and not properly taken care of family, i.e. Mother and my sisters etc..sold the land without the consent of family members in or around of1980s and also enter into agreement to sale more..even my grand mother not consented at that time, my grandmother died in 1998, the agreement to sold between my father and others district court has decided that agreement was correct. ..now I can challenge the said agreement and its court order along with earlier sale deed in the ground of incompetent to contract..fraued etc..because at that time while entering entire agreement and sale deed no family members were consented..even my grandmother..and both the party I.e. My father and others were well aware that land belongs to my grandmother and it is an ancestral land so both the parties done fraud..kindly help and if possible provide me the references of similar cases etc..The matter known to me recently about the earlier sale of land during the proceedings of suit of challenging of agreement to sale by other party that is done by my father.
I want to challenge the entire episode with my mother..
Dr J C Vashista
(Expert) 23 December 2018
Prima facie a hypothetical question paper.
An anonymous author is not obliged by experts as per rule of this platform, disclose your identity.
Kumar Doab
(Expert) 23 December 2018
Pls don’t post as AQ and post with your ID and you can get many responses.
Your ID does not mean your email id or phone number etc and don’t post these.
Before attaching any document erase all names, logo, email id, phone number, address etc to maintain confidentiality.
Obtain proper legal opinion in writing from LOCAL counsel specializing in concerned field of law.
Kumar Doab
(Expert) 23 December 2018
Query posted by you is as following:
“An ancestral land, grand father get by partition from court in 1941, grand father died, but at the time of grandmother, my father, living the unblance life not as it expected from norma human being and not properly taken care of family, i.e. Mother and my sisters etc..sold the land without the consent of family members in or around of1980s and also enter into agreement to sale more..even my grand mother not consented at that time, my grandmother died in 1998, the agreement to sold between my father and others district court has decided that agreement was correct. ..now I can challenge the said agreement and its court order along with earlier sale deed in the ground of incompetent to contract..fraued etc..because at that time while entering entire agreement and sale deed no family members were consented..even my grandmother..and both the party I.e. My father and others were well aware that land belongs to my grandmother and it is an ancestral land so both the parties done fraud..kindly help and if possible provide me the references of similar cases etc..The matter known to me recently about the earlier sale of land during the proceedings of suit of challenging of agreement to sale by other party that is done by my father. I want to challenge the entire episode with my mother..”
Kumar Doab
(Expert) 23 December 2018
Which personal law applies in your case?
Are you all Hindu?
The said property/land is agricultural land, rural, Urban, and includes building?
Have the deceased i.e. your grandfather, grandmother, left any valid WILL?
Did your grandfather sign any other valid/registered deed in favor of your father e.g; gift etc?
Did your grandfather sign any other valid/registered deed in favor of your grandmother e.g; gift/WILL etc?
Was the WILL (if any) duly acted upon without any cloud on IT amd muattions were updated in favor of your gradmother or father (as the case may be)?
Did your father sell and sign agreements for disposing property that was his share?
In which year court decided that agreements signed by your father were correct?
On what grounds other party has challenged the agreement signed by your father and in which year?
Is your father alive?
The property is in which state?
Confirm!
Kumar Doab
(Expert) 23 December 2018
Ancestral Property; property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Property of joint Hindu family once divided, the share or portion which each Coparcener gets after the division becomes his or her self acquired property
The property that devolves by decree of court, partition may be of nature self acquired!
So you may 1st of all assure yourself that the property being termed ancestral by you in query is ancestral or not and how come the property belonged to your grandmother (as in query)!
The agreements mentioned by you as signed by your father are found by correct by Dist. Court (as in query). If findings of the court are correct (which may be since court decides on facts and merists) then how can entire property belong to your grandmother?
Thus either the findings of the court are wrong/erratic or your information and interpretation in query are wrong/erratic.
If you have come to know about the matter and other party has involved legal heirs then you can appear in court and appraise the court of facts!
1st thing 1st ; obtain mutation records with all link docs and examine court file with your very able LOCAL counsel and also get copy of decision of Distt. Court (as in query).
Kumar Doab
(Expert) 23 December 2018
Ancestral Property; property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
Property of joint Hindu family once divided, the share or portion which each Coparcener gets after the division becomes his or her self acquired property
The property that devolves by decree of court, partition may be of nature self acquired!
So you may 1st of all assure yourself that the property being termed ancestral by you in query is ancestral or not and how come the property belonged to your grandmother (as in query)!
The agreements mentioned by you as signed by your father are found by correct by Dist. Court (as in query). If findings of the court are correct (which may be since court decides on facts and merists) then how can entire property belong to your grandmother?
Thus either the findings of the court are wrong/erratic or your information and interpretation in query are wrong/erratic.
If you have come to know about the matter and other party has involved legal heirs then you can appear in court and appraise the court of facts!
1st thing 1st ; obtain mutation records with all link docs and examine court file with your very able LOCAL counsel and also get copy of decision of Distt. Court (as in query).
Kumar Doab
(Expert) 23 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Succession/Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Labor O/o Tehsildar, Revenue/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Succession/Civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
