Hello Experts,
I have filed a Partition suit against my Father's elder and younger brother for my share of Hindu undivided property. I was issued a stay order initially and later on it was vacated . The case proceeded and during ,vacating of stay order ,the court had put lispendance clause against the suit schedule property. 5 years the case leaped stage by stage and was moving ahead slowly. Meanwhile on two occasions the case got dismissed for default as my advocate did not reach on time once and also I am a sugar patient, I myself could not attend for which necessary Misc cases were filed within the limitation time and all my medical records were produced to prove our absence in the court. The Respective Court is yet to reinstate the case as it is still in compliance stage.
Meanwhile , one of the defendant has got registered two gift deeds and has gifted the suit schedule property to his two children. He has total 8 children , but he has gifted only to his two children. Reasons best known to him. The donees has transfered the mutation records and Khatha.Now it already 7months passed when I came to know about the alleged transaction. I request experts advice on what steps should I take immediately to cancel this katha and also bring it to the court notice about this illegal transaction.Please request your valuable advice. I am in a process of changing my attorney.
Get the "gift deed" declared as void through your lawyer.
