You need to get injunction from court and apply for partition suit. Show this injunction order to sub-registrar then he.she will update in-front of your land survey number the injunction order in this you can prevent selling the land by you father.
My father is trying to sell a portion of our ancestral land to a party without my consent / signature, How can I ask the sub-register to deny the the land registration Note 1. Portion of the land was settled to myself and to my sisters (3 person) as Gift deed. The undivided portion is under my father's custody 2. My father already sold portion of the land and registered to another party without my signature, but the party did not obtained the Patta / Chitta ('Record of Rights') for the land
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You need to get injunction from court and apply for partition suit. Show this injunction order to sub-registrar then he.she will update in-front of your land survey number the injunction order in this you can prevent selling the land by you father.
Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for four generations is ancestral property
3) you can file suit for partition for division of property by metes and bounds
4) seek injunction restraining sale of property by father
1. You may file a suit of partition and seek a stay from the court on the transfer of such property, though in case your father is selling his undivided share he may do that.
2. You may challenge such transfer and file for cancellation of the sees.
1. From the facts presented here, it is difficult to determine whether the property in question is ancestral or not. You have stated that a portion of it has already been settled in favour of you and your sisters. A property acquires ancestral nature if it is undivided and is in common possession and enjoyment continuously for four generations.
2. Patta and chitta are merely revenue records evidencing title, and they are not by themselves documents conferring title.
Immediately file a partition suit and send notice to the registrar to not to do any registration as it is sub judice.
1. if your father is selling the ancestral property then it is to be seen how much area he is selling. Your father has right of selling his share only and not beyond this.
2. If your father is depriving your share then to claim your sahre and to restrain him from selling your share file a suit for partition and for injunction.
So act accordingly.
Dear Sir,
You are suggested to file a suit of injunction against the father and also make the party to registrar so that father will not be able to sell the land.
File a suit of cancellation of sale deed on the land which was sold by your father.
File temporary injunction on further sale.
Move an application to the Registrar, where the sale deed has to be registered in this regard that not to register the sale deed.
Father cannot sell your portion. And if land is acquired by your great grant father and inheirted by your father than can obtain stay from court and cancellation of sale deed.
Check whether the property is ancestral or not ?
Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
If the property is registered in other person’s name then only remedy available before you is to set aside the document and declare the new sale deed is null and void .So approach a civil court for the same. If the registration is done then file a suit for partition and injunction application.
Please approach Civil Court for obtaining an order of injunction under order 39 of C P C 1908 against all who are causing you trouble at the moment till your problems are solved.
1. Write an application to the registrar to intimate you in case of sale of any such property and in the said case of the sale is done then you may go ahead and file a suit for cancellation of the sale deed.
2. Challenge the sale deed in the court of law.
Regards
If you want to ask your share in the property, the remedy you have is that you can file a suit for partition claiming your share in the ancestral property.
If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.
1. On what basis you call it ancestral?
2. If it is ancestral in the hands of your father then it does not become ancestral in your hands during his lifetime. The test is whether the land in question has attained ancestral character in your hands. If and only if it has become ancestral in your hands then you can maintain a suit for injunction to stop him from alienating the land.
How do you say it is ancestral property?
Your grandfather's property ion the hands of your father is not ancestral property hence any efforts taken by you to stop him from alienating or selling the property will turn futile because you don not have any rights in the property then how do you think that you can stop him from doing so.
Whether the so called gift deed was made by a registered deed or by an unregistered deed?
If by a registered deed, then you can file a suit for cancellation of sale deed of the property that was already transferred to you by a registered deed.
You cannot ask sub registrar to stop the registration of property until you have filed any suit to claim your share through partition of property and have stay on further alienation of property.