Rights of children in Mother's successionary property

Querist : Anonymous (Querist) 06 December 2009 This query is : Resolved
A is the son of B. B was the mother of A. B died in the year 1995. after her death her name is entered in 7/12 extract of her deceased father's property in the column of other rights along with her two brothers.
later on B's brothers made a agreement of sale with C. later on C filed a suit for specific performance of contract on the ground of this agreement. and as per the court's order this property was sold out to C.
Now A knows about all this facts, then he submit a application to the talathi office and A's name along with his two sisters is entered on 7/12 extract of her mother's deceased fathers property in the column of other rights.
Then whether A has a right to claim for possession and measne Income. ?
If yes, Please specify along with all grounds. and on what ground he can issue a notice to C. Please it's urgent.

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Adv Archana Deshmukh (Expert) 06 December 2009
A along with his 2 sisters should file a suit for cancellation of sale and partition against B's brothers and also make C a party to it.

Raj Kumar Makkad (Expert) 06 December 2009
Definitely if A knows all the fats as stated above then it is his duty to get declared the sale-deed as null and void simultaneously demanding mesne profits and partition impleading he and her sister as plaintiffs and C & B as defendants.

adv. rajeev ( rajoo ) (Expert) 12 December 2009
A has to file a suit for partition against B's brothers for his share in the share of his mother.
He has to take a contention in the plaint that sale by B's brother to C is not binding on the plaintiff.

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