kannan (cus supp engg) 15 February 2012

When suit is pending my father sale the land

45 years back My father sold three ancistrial property, while selling the property he wrote the reasion on that sale document was to buy a new land I am selling this property

With that amout he buy a new land in his name so the new propery document looks like a self earned property.

I ask a share on that property but he told its my self earned property so I am going to sale the property

so I applyed a Partition suit against my father in the year 2007 afterthat my sister also filed a suite asking a share now the both cases are in an argument stage. Case type :- The property which you are having is anciestrial property not self earned property so you dont have rights to sale it.

now my father sold that property thoes who buy the property they planed to put flat on that place how to stop them from getting aprovel for flat

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3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 15 February 2012

You have to impleade the purchaser as party to the suit, otherwise your suit will be dismissed. The sale by your father do father does not affect your share, even if he sold the property during the pendency of the suit, the sale will be adjusted to the share of your father. Remember it, it is necessary to impleade the purchaser to the suit.

Bharatkumar (ADVOCATE ) 15 February 2012

If court not give any order for land and case is pending, at that time u can sale this land but u tell the purchaser about this case and try to slove it.

Dr J C Vashista (Advocate) 15 February 2012

You are right, your father could have sold his share in ancestral property. However, if both of you (brother sister) were minor at that point of time, the sale transaction can be declared "illegal and void".

Raising the issue of "land purchased from joint family funds" is to be proved by you, if you succeed, you are entitled for "partition in so-called SELF ACQUIRED property".