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Nikul   08 July 2017

Discontinue rights in immovable property

Dear Sir ! Request your kindness to help me to get justice, my case details is , we have a joint immovable land property named X the same property was gained by my father from heritage of my grandfather, my father have two sister and one younger brother. as described below.

A- My father     , B - My uncle  ,  C- My aunt   , D- My Aunt.( each one having 1/4 rights ) before 15 years ago my uncle (B) had sold the joint land property by legal sale deed with the help of power of attorney of my both aunt ( C & D ) but my father’s PA was not given to do so, and on the ground of lack off P.A of my father all the legal suits had been on  favour of me  because my father was passed away before 10 years.

after this I have challenged the sales deed in the civil court to cancel it and court had cancel the deed on the ground of my father A had not given legal permission to sale it,P.A. while this proceedings my uncle B with my both the aunt C & D had been argued in the court that the sale deed is original and we all three have been holding rights to sale the 3/4 property portion and it was made with all our wills with registered sale deed.

Now i would like to draw your kind attention that rest three person B,C,D have been confessed in the court that the 3/4 portion of property had been sold on our will with registered sale deed. However court has cancelled sale deed on the ground of person A has not permitted to do so because this is joint property and not separated by any of the instruments.

Now, I think that person B,C,D have confessed in the court that the 3/4 property portion that they had have right had been sold to other by registered sale deed by their will and they all have confessed in the court in the writing hence they do not hold further rights regarding the joint properties.

Therefore, in this regards i seek your kind help to get assistance and help that can the court do order to remove all the three name B,C.D from the revenue record if i will suit in the court.

 

Can the court remove their rights (BCD ) form the same properties on the ground of they all had made sale deed on their own will and same confession in the writing made in the court earlier,

 

Request you to guide and assist me.

Kind Regards!

Nikul



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 3 Replies

Kumar Doab (FIN)     08 July 2017

The court has cancelled the sale deed.

It is felt that the rights of each legal heir has been restored to original.

Nikul   10 July 2017

Thank you very much sir for spare time to assist me, but i seek further help from your experience, that in my case the three persons B,C,D have confessed in the court with a legal instrumets that they have already sold their share of property and got the enough money againt it and hence they have confessed in the court with a affidavit,

So request your kindness to help me that is there any law or judgement that can favor me that once anybody make a confession in the court that he or she has already sold their right of immovable property there after they could not claim it again.

Because in my case there was a cheating made with me and my family and same things had been confessed in the court then after the law sustin their rights in the property.

Hope your kindness will help me.

Kind Regards !

Nikul

 

Kumar Doab (FIN)     10 July 2017

Already responded with limited understanding that can be possible in online discussions.

Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion, in person.

 

 

 


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