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Sanjay Gupta (Investments)     25 February 2016

Partitioned property sold by karta

My father purchased a plot in 1970 as HUF property. This fact was mentioned on the purchase deed.

 

Subsequently, in the year 1978, through a partial partition of HUF, recorded in a memorandum, the plot was divided into 3 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) sold all three parts of the 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.



Learning

 1 Replies

Subash M R (Advocate)     26 February 2016

1) It is an wilful omission on the part of A excluding other legal heirs from participating in the sale transactions of 2002.

2) Yes.

3) Initiating civil proceedings against all stake holders including A.

Thanking you,

  


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