Ancestral property sold by father

Sir,

 

You will have to challange the sale, because the disposal of the ansectral property is allowed only on some limited grounds. I apprehend that how come other people having the right over the property were not able to recognize as to what is happening with the property.

 

Without making your father a party to the property, you can register a case against that person who has played a trick upon your father to sell the property. 

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

09899011450

Thanks for the quick reply Mr. Kapil,

Just one more small detail I forgot to mention. This property was a open land with with a house when my Grand Father purchased, Later My Father along with his sibilings (including his sisters as the Heirs of the property) had given this property for development on 50-50 basis. However, My father has only sold one part out 2 of his share.

I have gone through the documents, they say that  my father has given Power of Attorney as well. Can you please tell me what are the chances of me winning this case over the other party and how much time will this take tentatively.

To give you a brief about the other party, They are very Rich, Highly Influenced and Have very Huge Contacts. I am just small employee surviving only on Monthly Salary and Not having any contacts like the other party except the Help of Google and some learned professionals like you through the blogs/forums.

Please advise.

--

Regards,

Chaitanya

Thanks for the quick reply Mr. Kapil,

Just one more small detail I forgot to mention. This property was a open land with with a house when my Grand Father purchased, Later My Father along with his sibilings (including his sisters as the Heirs of the property) had given this property for development on 50-50 basis. However, My father has only sold one part out 2 of his share.

I have gone through the documents, they say that  my father has given Power of Attorney as well. Can you please tell me what are the chances of me winning this case over the other party and how much time will this take tentatively.

To give you a brief about the other party, They are very Rich, Highly Influenced and Have very Huge Contacts. I am just small employee surviving only on Monthly Salary and Not having any contacts like the other party except the Help of Google and some learned professionals like you through the blogs/forums.

Please advise.

--

Regards,

Chaitanya

file a suit for posession and a declaration suit to declare the sale as null and void

Sir,

 

You cannnot sit becuase the other party were strong and rich, Contest your case on merits and get the sale deed set aside and seek injuction of the property in the mean time.

It will take some time to get it set aside, but if you have good documents with you, then the chance of winning also increases.

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450

now after supreme court judgement property cannot be sold by power of attorney. date of sale deeds executed through alleged power of attorney are required to give advise.

Sir,

 

You can call me anytime tommorow office hours .

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450

Hi 

from what you have said, it appears that you have limited chances . however we will need to see the whole set of documents to give you any added advantage to contest the case. 

the reasons are 

a) when your father sold the property 1 part of his share, you were a major and did not contest the case within period of limitation. 

b) As mentioned by you, it appears that your father and his siblings have effected a Power of attorney in favour of builder and probably the builder must have sold the property based on POA. However you can contest the sale based on POA. But for this we need to see the development agreement and POA concurrently. 

The builder might be rich and famous. but be assured that law does not go by who is rich or poor. 

The judge shall go by the merit of case only and that is depended on the coherent reading of the documents you have in hand.