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Anand kumar (student)     12 April 2023

Property registration when appeal is pending in high court

Dear Sir/Madam,

I have a query. An ancestral property has been sold my father for Rs. 8000. Later, after 3 months, my father bought a new property e.g. property A (self acquired) for 32000 INR in 1972. My father has 2 son (i am one of the son-younger) and two daughters. My father then gift deeded the property A to two sons (me and my brother) equally as property B and property C on  2009. Daughters filed case against property A in district court, claimed that they have share alleging that it was bought with ancestral priority money of 8000INR without any evidence and the judgment was issued in favour of the daughter saying it is good to recommended one share to each daughters. I appealed in the district court and again got the judgement in favour of daughters. I went to high court and appealed again. The case is still pending. 

Now the daughter has registered the district court desicision in the registrar office and executed a sale deed to sell their share to some third party without my consent or without any proper partiion and the third party is asking me to vocate my house. Further, the daughters has given a release deed only to my brother.

I am wondering how the sale deed has been executed on property B which is gift deeded to me. Also, i am woundering how release deed can only be given my brother property B only when case is filed against property A.

I am deeply affected by this situation, as my family and I have nowhere to live.

I am seeking guidance on how to cancel this sale deed and would greatly appreciate any assistance you can provide.

Best regards,

Anand Kumar



Learning

 3 Replies

Dr J C Vashista (Advocate)     13 April 2023

Since you have been contesting the case(s) in different levels of Courts through an able, competent and intelligent lawyer, did you put the question to him/ her ? If so, what is his / her advise ?

Shashi Dhara   13 April 2023

If their is any stay bring to the knowledge of court as contempt of court.

Anand kumar (student)     13 April 2023

Sir,

The lawyer said that the sale deed will become invalid if the decision is in my favour. I am a little concerned and try to find a way to cancel the sale deed.


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