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Satyendra Babu Gowthu   02 March 2019

specific relief act

Coparcener sold total joint property 3years back ...can i suit for cancellations of sale deed under specific relief act sec 31.


 10 Replies

Dr J C Vashista (Advocate)     03 March 2019

Show the document to a local prudent lawyer for appreciation and guidance 

Shashi Dhara   03 March 2019

If Ur coparcener sell the property when it come to Ur knowledge.

Shashi Dhara   03 March 2019

If u have any right or share in property then u can try for Ur share.u file suit against Ur coparcener for recovery of sold money. It is bad to file suit against purchaser.

G.L.N. Prasad (Retired employee.)     03 March 2019

But as I understand the purchaser is under obligation to look into the facts of the sale and as to whether seller is having bonafide rights to sell entire property.  In many cases, the purchaser will also be impleaded in the suit.  Most of the times the purchasers are not innocent and they wanted to encash the opportunity and grab the property for a nominal amount.  (I know many purchasers that purchase such litigation properties, give an undertaking that they will sort out the matter in courts with their expenses, pose as innocent buyers before the court and pull all strings to defeat the real claimants with their political and monetary powers)

Unless the property is divided in meets and bounds and shared legally, no coparcensor can sell entire property and it amounts to fraud also.  The limitation for fraud commences from the date of knowledge.

It is always prudent to discuss with local advocates to study the document and how the seller explained of his rights and how he acquired the property.

Satyendra Babu Gowthu   03 March 2019

thank u sir.. please study my case in detail sir..
we are 2 sisters married before 1984 and we have one younger brother who was minor in 1986 when our father and Mother are deceased.Later when he became major and got his name in RoR and all other govt records for total 26 acre(total father self acquired ). in 1998 he sold 1 acre to 3rd party ,in 2007 he transfered 10 acres to his wife as gift, and in 2008 he sold 4 acres to 3rd party and in 2015 he and his wife sold all remaining property in their both names.
Now can we file suit for cancellation of sale deeds.

G.L.N. Prasad (Retired employee.)     03 March 2019

Daughters are entitled for an equal share on father's self acquired property since 1956.

However it is only your advocate who has to look into facts to study limitation period.  Filing declaration suit, when the property was not in your possession and making third parties as parties are the complications.  You have to pay court at market rate for all the 26acres as you have lost possession to a third party, and you can not now after several years seek for cancellation of sale deeds as you have to justify and build records of such knowledge of sale and reasons for your silence to save limitation period.

K.K.Ganguly (Advocate)     04 March 2019

File partition suit duly chalenging the sale deeds regitered by the brother.

Satyendra Babu Gowthu   04 March 2019

Thank u sir Can I ask court for cancellation of sale deeds. One of my friend told it is adverse possession we can't file suit and he told it is not good file case on purchaser it is better to file suit for money from my brother.

G.L.N. Prasad (Retired employee.)     05 March 2019

You have sought an opinion in the forum from experts and experts sacrificed their time and a probable remedy.  Now, if you say that your friend has told something, it certainly hurts the experts, who visit the forum only to guide.  May be your friend knows more as he might have studied facts and documents.  Experts go only by the query alone.

There is no need to follow any opinion.  Hear, learn, study and then it is your discretion, but do not bring in third party's opinion/comments, as perceptions differ and in cases like these documents and facts are most important at this point of time.

Satyendra Babu Gowthu   05 March 2019

Sorry sir... I agree with u sir

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