Vishal Jain (Sales ) 03 September 2014

Ancestral property dispute - pls help

Dear Experts

My Father Mr.A as karta of HUF of our ancestral property had Execute a registered GPA without any monetary consideration in the name of Mr.B and at the same time also executed registered agreement to sale in the name of Mrs.C (wife of Mr.B). Both were executed in 1990. Some payment was due to be paid to my father at the time of these agreements which Mrs. C need to pay at the time of sale deed registration. GPA was given to do all acts to complete agreement to sale on behalf of Mr. A. Mr. B, the GPA holder did not execute sale deed in favour of Mrs . C for long time. and finally in 2007 he executed & registred sale deed in favour of his wife Mrs. C. without informaing my father and did not give the balance payment to my father which was due at the time of agreement to sale. Now he says that balance payment he had deposited in MCD house tax department as the house tax was due at the time of GPA and agrrement to sale i.e 1990. He is also not showing the house tax payment receipt. we came to know about this sale deed few months back.

So please suggest what legal step can my father take against him. Can i being the member of HUF claim anything from this as i was minor at the time of GPA.

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2 Replies

arjun k (t) 03 September 2014

i want to know about how to file a partition suit. my father died one year back. my mother is there,and we are 3 daughters and 2 son's of my father , as my father's legal heirs. it's all my father's hard earned property, which my mother my younger sister are trying to make it their own- is it possible for them to make it in their name, now firstly they are trying to make it into my mother's name and then my mother will transfer into younger sister's name that's their plan. Out of my 2 brother's one brother is dead , leaving back his wife and 3 small children. Will all of us have equal rights in my father's property or will my mother and younger sister decieve us.? what to do to go for a partition ?? please this all and also please tell me how to file a partition suit and what are the procedures and what all documents should be there to suit partition ???

A K GHOSH ( ADVOCATE ) (------------------------------------------------------------------) 04 September 2014

Property is leased. Owner expired. Sharing of the heirs crystallised. One of the share holder not cooperating in execution of lease deed . Tenant enjoying the property without giving rent and became defaulter. Other shareholders claiming rent as per there shareholding. Can tenant make pre-condition of execution of lease deed for payment of rent ?