Satyendra Babu Gowthu 02 March 2019
Dr J C Vashista (Advocate) 03 March 2019
Show the document to a local prudent lawyer for appreciation and guidance
Shashi Dhara 03 March 2019
Shashi Dhara 03 March 2019
G.L.N. Prasad (Retired employee.) 03 March 2019
But as I understand the purchaser is under obligation to look into the facts of the sale and as to whether seller is having bonafide rights to sell entire property. In many cases, the purchaser will also be impleaded in the suit. Most of the times the purchasers are not innocent and they wanted to encash the opportunity and grab the property for a nominal amount. (I know many purchasers that purchase such litigation properties, give an undertaking that they will sort out the matter in courts with their expenses, pose as innocent buyers before the court and pull all strings to defeat the real claimants with their political and monetary powers)
Unless the property is divided in meets and bounds and shared legally, no coparcensor can sell entire property and it amounts to fraud also. The limitation for fraud commences from the date of knowledge.
It is always prudent to discuss with local advocates to study the document and how the seller explained of his rights and how he acquired the property.
Satyendra Babu Gowthu 03 March 2019
G.L.N. Prasad (Retired employee.) 03 March 2019
Daughters are entitled for an equal share on father's self acquired property since 1956.
However it is only your advocate who has to look into facts to study limitation period. Filing declaration suit, when the property was not in your possession and making third parties as parties are the complications. You have to pay court at market rate for all the 26acres as you have lost possession to a third party, and you can not now after several years seek for cancellation of sale deeds as you have to justify and build records of such knowledge of sale and reasons for your silence to save limitation period.
K.K.Ganguly (Advocate) 04 March 2019
File partition suit duly chalenging the sale deeds regitered by the brother.
Satyendra Babu Gowthu 04 March 2019
G.L.N. Prasad (Retired employee.) 05 March 2019
You have sought an opinion in the forum from experts and experts sacrificed their time and a probable remedy. Now, if you say that your friend has told something, it certainly hurts the experts, who visit the forum only to guide. May be your friend knows more as he might have studied facts and documents. Experts go only by the query alone.
There is no need to follow any opinion. Hear, learn, study and then it is your discretion, but do not bring in third party's opinion/comments, as perceptions differ and in cases like these documents and facts are most important at this point of time.
Satyendra Babu Gowthu 05 March 2019