Legal Question in Criminal Law in India

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). 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.


Asked on 2/23/16, 11:20 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

You mentioned that there was a Partial Partition of HUF. How was this partition effected, Was there any Partition Deed / Settlement Deed or any other writing executed between the Coparceners to show that there was actual partition of HUF property by mets and bound and that such property fell to your share under such Partition.

Even if there is no record to show that such partition was effected in writing, you could show by way of a Mutation Entry in Revenue Record, Separate Electricity Bill and other Service Bills etc. that there was actual partition of the property,

Irrespective of that, a Karta cannot alienate the HUF property without a Legal Necessity. Such sale without necessary is not binding on to others and you can challenge such sale deed.

Since Sale Deed was signed by Karta and not by A, A would not be directly liable for forgery, but yes, if A is found to have any role in conspiracy then he would be an abettor to the Crime and liable.

You can file a Civil Suit for cancellation of sale deed or declaring such sale deed as void and not binding, and also you can claim declaration or partition or re-partition of the suit properties.

However, this suit is subject to Limitation Act.

Feel free to contact me should you have any question. The aforesaid advise may not be considered as final and official, as legal opinion may change after perusing all relevant documents of hte case.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 2/24/16, 3:00 am


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