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Sanjay Gupta (Investments)     20 February 2016

Partitioned property sold by karta

All experts are requested to please advise, comment and help.

 

My father purchased a plot in 1970 as HUF property. This fact is clearly noted on the purchase deed.

 

Subsequently, through a partial partition of HUF, the plot was divided into 3 unequal parts and was given to 3 sons. A, B and C. I am (B).

 

I am (B). The plot received by me on partition was declared in my Wealth tax Returns.

 

In 2002 my father and one brother (A) decided to sell the entire plot without consulting/informing (B) and (C). The plot was sold to 3 different persons X,Y and Z in 3 parts. On the sale deed, father signed as KARTA and (A) as witness on all 3 sale deeds.

 

My father died in July-2015. What can I do now ?

 

Does this amount to forgery on part of (A) ? 

Can I request a court to cancel the sale deed ?

How can I re-possess the plot ?

Please HELP. Thanks.

 



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