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sheetal verma (consultant)     10 April 2012

Dispute in sale deed

 

I purchased a site about 27 years back from 3 brothers(major)also signing on behalf of minor brother. It was encroached by someone through forged documents and got injuction, I filed a suite when none of the parties appeared through court paper publication was done then also none appeared and my suit for vacating stay was dismissed on the ground that brother cannot act as natural guardiana of a minor brother what is the scope in appeal, also please help with citation. HRV 



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     10 April 2012

Ms.Verma,

If I understand it correctly - you brought property from 3 brothers  - major signing for themselves and for minors. Afterthis somebody encroches on the property gets a injunction/status quo order - you move for vacation - the court denies saying deed could not have been signed by majors for minors. BUT HOW DOES THAT MAKE THE SALE BAD ? It is merely voidable for not having been done with prior permission of Distt. Judge, Voidable i.e good as long as it is not avoided. Now if the minor's are not complaining this is no ground for refusing vacation.  Hence on the first blush - chances of appeal appear pretty strong. 

However do appreciate that nothing conclusive can be said without having a look at the litigation pending, examining order sought to be appealed and then advising you. 

Feel free to talk~


(Guest)

sheetal verma

Do four parts of said property- Three parts goes t three brothers & next fourt part goes to minor.

Three parts of said property sold by three brther is valid, nobody/minr can get injuction in complete property.

Minor can get injection only in fourth part of said prperty.

If you prove that  three brother showed  you that they are guardian of minor appointed by court.

than you may fully entitle for said prperty.

 

in which year they get injuctin ? Has minor brother get injuction.

Which type f prperty ? Agriculture OR Residential.

Only guardian appointed by curt is entitle t sell the property on behalf of minor.

Has amount deposit in favour of minor ?

Has three brothers name in said matters ? Has they also oppsed you.

For details advice pls provide me abve said informatin.
 

 


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