My father buy a property from mr A in 1975 and Mr A buy this property from Mr B , Mr B is my father cousin brother. my father blood brother file a case in 2013 for same khata no and plot no for equally dispute of property . Plot is khatiyani property and in the khatiyani property the name has written of 10 people from them one name is my grandfather name and 2nd name is Mr B father's name and other 8. After death of Mr B Fathers . MR B take out their share from that plot and sell to Mr A with knowledge of everyone who belongs to that plot . Total no in that plot is 1200 decimal. Only 75 decimal is sell by Mr B .Mr A does not belongs to our inheritence family. My father make mutation to that property. In above details My question is :- 1- what happen to the Court case and what i have right. 2- can my father sale that property. 3- What can i do if they object to sale that property 4- what happen to my father property which he buy.
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Your father is absolute owner of property as he bought it by registered sale deed
2) father can sell the property
3) you don’t have share in property during father lifetime
4) there is no stay order passed by court restraining sale of property by father
1.Court case will proceed if filed by the interested parties.
2.You father can only sell his share
3.You can seek order from court to that respect.
4 He can retain it or sell it as his wish
1. Since your father purchased the property by a registered sale deed, it becomes his own property, besides he has got it mutated to his name after purchase. Moreover the seller has inherited this property as his share out of his father's share of property, hence the purchase is genuine you may have to strongly challenge and contest the same properly.
2. If there is no restriction to sell by any orders of court, he may very well proceed with his proposal to sell his property.
3. They cannot object, if at all they have any objection they may have to approach court with an application for injunction restraining your father from alienating the property.
4. It is with him under his possession, then why this question, you may have to fight the case filed against you properly to protect your interests.
1. As per law after getting the share this property becomes self acquired property of B , and then B was having his right to sell the said property to any one including Mr A.
- Further, the said purchase from Mr A is legal by your father , and court cannot take this property in the case .
2. Yes, being the owner of a self acquired property your father can sell the property .
3. No, they cannot get stay on this property
4. Your father is absolute owner of the property .
