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Charudutt (Assistant )     06 February 2021


Respected Dignitaries ,
I had filed a suit for partition in the year 2005 against my two brothers who claimed to have right over the property by means of Will Deed and Gift Deed made by my Father (Deceased) . My father had held the property of my Grandfather as a holder of the property and was not an absolute owner. During the pendency of the suit , in the year 2006, Court had passed a status quo order regarding the suit schedule properties directing both the brothers not to alienate the suit property till the case is finally decided. Also, in 2011 just before the commencement of trial of the case, an Adverse Inference was drawn about the Will Deed allegedly executed by my grandfather in my Father 's name. The Will deed in my Father's name was not proved in the Court and hence was declared as Null and Void. So also the Will Deed and Gift Deed allegedly executed by my father in favour of my two brothers.. No sooner the adverse inference regarding the Will Deed of my grandfather was drawn,, both my brothers executed sale deeds to a stranger. And the property so purchased was hypothecated.The sale deeds are registered and enteries are made in the Revenue records. These purchasers were not impleaded in the partition suit,, and my brothers after having the sold the property during the trial , have lead their evidence and have produced the Will Deed of my Grandfather (Declared as Null and Void) , Will Deed and Gift Deed of my Father (Both declared as Null and Void) . My equal share amounting to 1/3rd is declared.
Apart form my share,since I have sentimental attachments to the property as regarding the rest of the property ,
I want to get the sale deeds addressed in the Court of law.
What remedy is available in law to get these Sale Deeds cancelled.
Alternatively what kind of suit can be brought up against these so called purchasers in order to meet ends of justice .

Kindly suggest .


 3 Replies

Hemant Agarwal ( Mumbai : 9820174108)     06 February 2021

1. Complex matter .... needs deeper study of available documents. Kindly prefer to Coordinate with a senior experienced Civil Lawyer who specializes in Property Matters.

Keep Smiling .... Hemant Agarwal

G.L.N. Prasad (Retired employee.)     07 February 2021

You have to bring such alienation to the attention of the court, and as per law unless the property is divided in metes and bounds to each co-shaer, the partition is not complete.  Whatever possession is with other co-sharers their capacity is trustees, for and on behalf of all co-sharers.  If you have prayed for partition and for determining your share with independent possession, the partition is subject to final outcome of ultimate judgment.

The advocate that is handling the partition suit can only guide you properly in the issue  The purchaser is not an innocent purchaser that has purchased the property knowing that the will was declared as null and void and he can never a valid title to the property in which your share attained finality.

This is also a crime as your brothers sold the property on a deed that was declared null and void and depending on the guidance of your advocate you may have to complain about all three and state that the purchaser is not innocent.

The advocate that has guided you in filing such a partition or declaration suit can guide you in the right direction.   

Please contact him and post his opinion so that our experts can offer you their second opinion for precise guidance.

But have confidence that

1 Like

Dr J C Vashista (Advocate)     08 February 2021

It is better to seek professional service of a local prudent lawyer.

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