part of land sold illegally
jyo
(Querist) 12 December 2015
This query is : Resolved
Hi respected experts,
My dad and his elder brother did partition deed equally of 150sq y each among themselves of total 300sqyards in 1991. My uncle has been living in his property since 1970 and he was living on our 50 sqya land since 1970. My dad gave gift deed to me of 150sqya in 2008. In 2013, my uncle sold off his 150sq ya and my 50 sqya without our knowledge. Though my uncle enjoyed and constructed the upper floor since year 2000, my dad did not object thinking that he is brother njoying the property. Now that he sold our 50 sqya my uncle is not even giving part of money. The link document clearly shows the equal partition between brothers and the gift deed shows I own 150sq yards. Pls advice what to do. The illegal buyer of my 50sqyards is blackmailing me and says he will pay it only if I sell my remaining 100 sqyards to him else forget about my 50 sqya. Please advice. Thanks
ROHIT SHARMA
(Expert) 12 December 2015
1. File a civil suit for cancellation of such sale deed made by your uncle if he has shown more than 150 sq.yds as land sold.
Rajendra K Goyal
(Expert) 13 December 2015
Discuss with local lawyer and file suit for cancellation of the sale deed from your uncle. If possible take possession of the portion or try to get stay against entering of the purchaser in your portion illegally sold to them.
Rajendra K Goyal
(Expert) 13 December 2015
Repeated:
http://www.lawyersclubindia.com/experts/part-of-land-sole-illegally-574726.asp
T. Kalaiselvan, Advocate
(Expert) 22 December 2015
A suit for cancellation of illegally executed registered sale deed insofar as the 50 Sq. yards is concerned is the option to seek relief and remedy to the problem.
Consult a local advocate and decide as per his advise.
