I had claimed my share in my grandfather's properties which was declared as joint family properties between me and my two brothers .
Thus my share came to be declared in the suit schedule properties.
During the pendency of the suit , both of my brothers allegedly sold away entire suit properties (inspite of non alienation order ) and thus got registered sale deed documents created and acted on them accordingly in favour of the 3rd person.
1. What and how can I hold these transactions
as false and fictitious transactions.
2. Under what provisions of law can a suit be
filed against them for allegedly creating
these false and fictictious sale deed
documents during the pendency of the suit.
Hey Sachin, insofar as I understand your query, the appropriate legal course of action for your case would be to institute a civil suit seeking declaration (S.34 of The Specific Relief Act, 1963) of the vexed registered sale deeds as fictitious and fraudulent, therefore void on that count and also seeking a consequent relief of mandatory injunction(S.39 of the aforesaid Act) in the same suit if the other party has in any way acted on the said sale deeds, to restore status quo ante. Of course, this answer is subject to the limited information provided and limited only to a civil course of remedy, there may also be criminal undetones in the whole dispute allowing appropriate criminal action as well.
