Since you have filed the suit for partition you have no option but to wait till its disposal.
If your prayer for injunction is refused then you can prefer an Appeal.
Cancellation of Land Registry
My father has 4 brothers. My father is the eldest. All 5 brothers should have been given equal rights in the ancestral property. But my 4 uncles alongwith my elder brother has registered properties to others. Only a small portion of the land is available now and that too is of low value. I have initiated Partition suit but judge is not giving injunction. Although Notice was sent to all shareholders but nobody has been turning up for hearing dates. My question is, 1. how can I get the land registry cancelled by my own brother when father himself has not got his 1/5 of the share. 2. how can I get other high value land registry done by my 4 uncles cancelled. They have sold land which are of high value. What is left now is of low value and does not produce any corp.
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
The property in dispute is ancestral property in Madhubani, Bihar.
Asked 4 years ago
Now that most of the property is sold, I can not use the unsold land for agricultutal purpose as it does not produce anything. Can I claim the loss of agricultural products, in terms of monetary benefits?
Asked 4 years ago
Your father can file a suit for cancellation of the registered sale deed executed by others which includes your father's share of property, without your father's consent or permission .
Simultaneously he can file a partition suit claiming his legitimate share in the property.
The law is same in the entire country, hence you may discuss with your advocate at length and proceed as suggested.
If your father is living then he only can file a suit for partition and separate possession of his legitimate share in the property.
Since he is not a party to the sale of property he need not even ask for cancellation of the sale deed done by other shareholders.
Your father has to file suit to set aside sale deeds executed by uncles
2) make uncles and buyers party to the suit
3) seek injunction restraining sale of property by buyers
Contact a local lawyer for filing suit for setting aside sale deeds and for declaration that father has one fifth share in said land
You can claim monetary reliefs in the suit
You can claim monetary reliefs in the suit
You can claim monetary reliefs in the suit
Any transfer of ancestral property without the consent of all legal heirs is invalid and liable to be set aside. When a suit is filed for partition of ancestral property you have to seek cancellation of sale deeds in respect to ancestral property executed in favor of third parties by adding such third parties as defendants to the suit and filing the certified copies of sale deed to be cancelled. It seems you have not done that. Seek amendment to suit by adding the third parties and include the prayer for cancellation of sale deeds. All properties sole without your consent can be recovered if the suit is conducted properly.
Dear Sir/Ma'am,
If the party is not appearing in the court, the court may pass an ex-parte order against them if you prove that the summon was served to them.
You may contact a lawyer and file a suit to get the registered deed cancelled and can claim your father's share in the property.
- As per law, none having right to sell the ancestral property without taking consent of all legal heirs.
- Hence, that said sale transaction done without the consent of your father , having no legal value in the eye of law.
1. Your father should file a declaration suit for cancelling the said sale deed .
- Further, you can also amend that partition suit as well with the prayer of declaration as well.
2. Yes you can claim monetary benefits .
With reference to my previous question, here is some more detail. My father filed the partition suit. Defendants agreed for compromise. My father sold a piece of land without having the compromise letter signed by defendants. This opened the pandora for his brothers and my brother to sell ancestral lands. My father never followed up the case and lawyer argued that because my father himself sold the land hence he could have been jailed. My father realised his mistake but the damage was done. In my own partition suit, first defendant is my father and then the entire family of my grandfather including my brother and sisters. My father is 80 yrs old and he can not travel for court case. Who else can file a case on his behalf? Can my wife get the POA and initiate such proceedings to claim his share? If I get the injunction, can I use the land for farming until the deed is cancelled?
Asked 4 years ago
Your father can execute POA in favour of daughter in law to file partition suit , to engage lawyers , to file reply etc
you can use land for farming if court permits you to do so
Any family member not having interest against him can take poa and file suit on his behalf. After injunction you are entitled to use the land as the policy of law is not to waste any property.
In your own partition suit your wife cannot be POA agent to your father because as your spouse she cannot represent your opponent in the court of law.
You may not get injunction.
Even if you get injunction it is a restraint order against the opponent, you cannot get a right to cultivate the lands when you have got an injunction order against the opponent for the same reason.
Dear sir,
It may not be acceptable to the court for your wife to be the POA for your father as you are his opponent in the case. You can appoint someone else who is neutral and has no interest in the entire matter.
Also, when there is a property that has got restraining order, it may not be allowed for either party to use that land for any purpose whatsoever. But such a discretion to decide belongs to the court. Thank you.