Sale of Land under litigation - Is sale deed void or legal?

Querist : Anonymous (Querist) 04 January 2011 This query is : Resolved
I had filed a case against my father's intent to sell off his self owned property as he was selling off assets to favor my elder brother and was giving the proceedings from sale only to my brother. Though my father received the summon from court, he went ahead in selling the land and favored my brother. Now the encumbrance certificate shows that the land was sold when under litigation. My father is no more. I seek my settlement for equivalent. Will my claim hold good or is it void?

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Abhishek Marvi (Expert) 04 January 2011
IF THIS PROPERTY IS SELF ACQURIED BY YOUR FATHER THAN HE HAVE FULL RIGHT TO DISPOSE IN HIS WAY,YOUR FATHER IS SOLD PROPERTY TO YOUR BROTHER THAN YOU CANNOT RIGHT TO OPPOSE THEM

Uma parameswaran (Expert) 04 January 2011
It shall depends upon the facts and circumstance of the case filed by you.

R.Ramachandran (Expert) 04 January 2011
You say it is your father's self owned property. I think what you want to say is it is his self-earned property. (Not ancestral property).
If it is your father's self earned property, as rightly pointed out by Mr. Abhishek, your father has every right to do whatever that he wants to do with it. Nobody can object to it or question his actions.
If your father had given / sold the property and given the sale proceeds to your brother (without giving any penny to you), he is well within his rights. You cannot question the same. There is nothing that you can seek as your settlement.
If it is a self-acquired property of your father, I am not sure on what basis the Court had issued summons to him.

A V Vishal (Expert) 04 January 2011
Further to Mr Abhishek and Mr R.R's opinions I state that the court has issued only summons and there was no injunction from it from alienating the property hence your plea may not stand before the court.

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