Santosh Singh (Self) 23 April 2013

Minor child hindu common property sold

Our ancestral property is undivided for generations. We stay far form our ancestral lands. Our relatives are secretively selling these lands even though according to mutual partition they belong to us. We have filed a title suite in the local civil court, even then our relatives are selling out lands without mentioning us in the sale deed and declaring them as only hire. Our lands are in Jharkhan, and lawyers tell us title suits takes about 15-20 years. Can we ask the court the nullify on the basis of we having minor children and prior order from court has not been taken to sell these lands having minor coparcener.

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adv. rajeev ( rajoo ) (practicing advocate) 24 April 2013

You file an interrium application u/o 39 r 1 restraining them from alienating the suit property. You can also give public notice as No to purchase the suit properties, suit is pending.

You have to impleade the purchasers as parties to the suit, they are necessary parties.

Santosh Singh (Self) 24 April 2013

Thank you for your reply, However can I use the pretext of my minor child of 1.6 years to impead the validity of the sale deed. Can you further expand on this pplease