Satyendra Babu Gowthu 02 March 2019

coparcnery

coparcener transfered property without consent of other coparceners 5years back.Can other file suit for cancellation of sale deed now

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18 Replies

Dr J C Vashista (Advocate) 03 March 2019

The vendor has sold his/her share or entire property ?

What were you doing for the last 5 years ? Now it has been barred by limitation.

However, consult and engage a local prudent lawyer with relevant documents.

Satyendra Babu Gowthu 03 March 2019

total 26 acre
10 acres transfered to his wife as gift 13 year back and sold 4 acres to 3rd party 10years back and sold all remaining 9 acres 5 year back .

Shashi Dhara 03 March 2019

Not complete details furnished.

Shashi Dhara 03 March 2019

1)how many coparceners are there.2)ancestral or joint family property 4)y it was gifted to one's wife.5)all coparceners gave consent gift or not.6)when sold to 3rd party u all consented or not.

Shashi Dhara 03 March 2019

1)how many coparceners are there.2)ancestral or joint family property 4)y it was gifted to one's wife.5)all coparceners gave consent gift or not.6)when sold to 3rd party u all consented or not.

Satyendra Babu Gowthu 03 March 2019

we are 2 sisters married before 1984 and we have one younger brother who was minor in 1986 when our and Mother are deceased.Later when he became major and got his name in RoR and all other govt records for total 26 acre.
in 1998 he sold 1 acre to 3rd party ,in 2007 he transfered 10 acres to his wife as gift, and in 2008 he sold 4 acres to 3rd party and in 2015 he and his wife sold all remaining .

Satyendra Babu Gowthu 03 March 2019

we are 2 sisters married before 1984 and we have one younger brother who was minor in 1986 when our father and Mother are deceased.Later when he became major and got his name in RoR and all other govt records for total 26 acre. in 1998 he sold 1 acre to 3rd party ,in 2007 he transfered 10 acres to his wife as gift, and in 2008 he sold 4 acres to 3rd party and in 2015 he and his wife sold all remaining .

Satyendra Babu Gowthu 03 March 2019

we are 2 sisters married before 1984 and we have one younger brother who was minor in 1986 when our father and Mother are deceased.Later when he became major and got his name in RoR and all other govt records for total 26 acre(total father self acquired ). in 1998 he sold 1 acre to 3rd party ,in 2007 he transfered 10 acres to his wife as gift, and in 2008 he sold 4 acres to 3rd party and in 2015 he and his wife sold all remaining .

G.L.N. Prasad (Retired employee.) 03 March 2019

The date of knowledge and maintaining silence till now are fundamental facts to go for litigation.

Shashi Dhara 03 March 2019

U have married before 2005.so u have not entitled for equal share.but if Ur father is deaceased intestate then u both sisters have right over 8acres of land.so file suit for partition .so he has to give 8acres which he has gifted to his wife..make her also party.throw the stone to fruit fruit may fall or not. Contact amicable advocate.

Satyendra Babu Gowthu 03 March 2019

thank u but she also sold out all property

Shashi Dhara 03 March 2019

Then u file suit for recovery of money.but u have to pay court fee which costs heavy.

Satyendra Babu Gowthu 03 March 2019

i am andhra pradesh.please tell me court fee

G.L.N. Prasad (Retired employee.) 03 March 2019

As you are not in possession, you have to obtain market value of the property from sub registrar for valuation of court fee. If it is for cancellation of sale deeds, the rate stated in that sale deeds is basis for calculating court fee. First issue notices through advocate and your advocate will study the documents and can advise you further in the matter. For cancellation of sale deeds the value stated in that deed is the basis for calculation of fee.

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