Legal Question in Civil Rights Law in India

Dear Sir

My father(60+) has sold our house which was build by him but the house was built on an ancestoral land(he has showun this as an ancestoral land in a separate civil case with me and my mother which is still pending in the court).

I(32) have applied for the cancellation of this sale deed and we are still in the possession of this home.

My father is denying having any relationship with me but i have all the evidences that i am his son like id and address proof. I have applied for the cancellation of this sale deed basis it is an ancestoral property and i have a right in it and he cant sale the whole home to a third party without my consent. I have all the documentary evidences that the land is a ancestoral property on which this home is located and in 2003 this agricultural plot has been transferred into residential plot.

In a separate case also he has admitted that he has ancestoral property at our native place and i am not his son and m trying to get share in it,i am still contesting this case.

Just wanted to ask i have filed the cancellation suit for the sale deed making party to the purchaser and my father .It is almost 10 months , my father's & the purchaser's reply is still awaited in this case.

Recently the commision report has been filed in this case showing our possession .it is more than a year i have filed this case but no reply has been filed either by my father or the purchaser. but it has been mentioned in the case that the summons has been surved to the purchaser.

Can i do something to get the sale deed Cancelled as soon as possible basis ancestoral property as the intension of my father and the purchaser is to delay the case.

Please Suggest.

Asked on 8/03/12, 5:25 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

Your are not the party to the sale deed, so you cannot get the sale deed cancelled, however, on the basis of the proof of alleged fact, that property sold is an ancestral property, coupled with the further proof that you have share in said ancestral property, you can at the most get an declaration to the effect that the said sale is not binding to you and the same shall not effect your share in the property.

better way for you was to make an amendment in the existing civil suit bring this subsequent event in pleading and amended releif for declaration and partition.

Civil cases take long time, no way ot get as so on as possible. I believe you have retained a local lawyer, please ask him to do appropriate in the case.

Feel free to contact

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Answered on 8/05/12, 9:49 am

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