Cancellation of sale deed

Yeshwant (Querist) 14 June 2014 This query is : Resolved
Hi,

We are three brothers. My father and first brother sold the ancestar property without second brother and my concerns.

After few days, we (father, second brother and myself) raised object on sale deed registration and filed case for cancellation of sale deed (as father agreed to help)

But now, after is against cancellation of sale deed.

Can you please suggest us
- what to do about filed case
- can we file new partition case on this issue.

Thanks and Regards,
Yeshwant Gupta.

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adv. rajeev ( rajoo ) (Expert) 14 June 2014
In stead of going for cancellation of sale deed either you or your father's brother could have filed suit for partition and seperate possession.

Guest (Expert) 14 June 2014
Academic query

Rajendra K Goyal (Expert) 14 June 2014
Better file suit for partition, consult a local lawyer and show him all the documents.

Devajyoti Barman (Expert) 14 June 2014
yes partition is better option.

Dr J C Vashista (Expert) 15 June 2014
Since the property was ancestral so every one has his/her share which can not be sold by any/few or some one amongst the share holders without consent of other(s).
The sale deed will have to be cancelled in a suit for partition, possession and permanent injunction with damages and mesne profits.

ajay sethi (Expert) 15 June 2014
agree with experts

Yeshwant (Querist) 16 June 2014
Thanks for the reply.

What about the current suit, which we filed.
will it be closed or we can use same suit for partition.

T. Kalaiselvan, Advocate Online

(Expert) 16 June 2014
The present suit for cancellation of sale deed is different from the new suit for partition. If you want remedy better file the partition suit and simultaneously continue with the suit for cancellation of sale deed too.

Raj Kumar Makkad (Expert) 17 June 2014
It shall be better to amend the earlier suit and insert the relief of partition in the same suit.

Yeshwant (Querist) 17 June 2014
Thanks a lot for timely suggestions / help

Raj Kumar Makkad (Expert) 17 June 2014
Most welcome fom your side Yeshwant.

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