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Yunus (postman)     25 December 2013

Sale of united family property

We have a shop in a small village of Sangli district of Maharashtra which costs near about 10Lacs.  Ownership of shop is belong to total 5 brothers.  Four of brothers have sold the shop to third party without notice to me.  How is it possible?  Somehow i came to know that 4 of my brothers wanted to sale the shop hence immediately i posted a notice in local newspaper for not to purchase the shop.  But the deed is over.  

Even at the time of sale i was personally present in Registrars office to stop the sale deed, but registrar told me that this is not possible and they filed a sale deed in Registrars office successfully. 

Now the shop is third party's custody.  We are Muslim family.  Please help me 

with regards,

Yunus



 2 Replies

Adv Archana Deshmukh (Practicing Advocate)     25 December 2013

You can file a suit for cancellation of sale deed and partition in the civil court.

Yunus (postman)     26 December 2013

Thanks Madam for your reply.  Now we have filed a case against our brothers for cancellation of sale deed.  Now we have filed for partition for not only shop but all property of agriculture land, house.  We are ready to pay the amount paid by third party to obtain back our shop in my individual name.

But one thing i dont understand that we published notice in paper, we went to Registrars office to stop the deed then how Registrar can complete the sale deed?

At the time of sale of shop i personally present in Registrars office i told him that I am not ready to sale the shop and i have given the notice in local newpaper also.  But he told me that we can not stop the deed you can file a case.

Please let me know about Registrar's role

Thank you


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