Legal Question in Civil Rights Law in India

Dear Lovkesh Gupta Sir

Can i file the sale deed cancellation and partition suit in a single civil case simultaneously or i have to file 2 separate cases for it.

We have our ancestoral property in a small town in UP which has been converted from agricultural plot into residential plot in 2003. I have all the papers stating that it is one ancestoral property.

My Father had built one house on a plot of land in this ancestoral property and he has sold it in 2011 to a third party. Apart from this he has also some major plots of this ancestoral property to different parties. Our mother has got the R.O. for staying at our house till the disposal of this DV Act case & 125 CRPC order in favour of my mother.

There are three major plots and one our house which has been sold out by my father as he is totally in control of his mistress and he is just denying our relationship with me and my mother in every case.

I am the 4th generation since these ancestoral property has been purchased in our family. I have to file the cancellation of the sale deed of the above plots basis ancestoral property.

Please Suggest.


Asked on 12/27/12, 8:43 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

28.12.2012

Dear Sir / Madam,

Your ancestral property is in Ghazipur, Uttar Pradesh. Am I reading you correctly in the following paragraph ?

My father had built one house on a plot of land in this ancestral property and he has sold it in 2011 to a third party. Apart from this, he has also some major plots of this ancestral property (given on rent) to different parties. Your mother has got the restraint order (from the Ghazipur Civil Court) for staying at your house till the disposal of the DV Act case and Section 125 of the Indian Penal Code which is in your mother's favour.

The first sale is through and you can do nothing about it now. If the other two plots of land in in your ancestral property are given on rent, no sale has effectively taken place and you can ask the tenants to vacate and take possession thereof. You will have to file two separate cases in the Ghazipur City Civil Court, since there are two plots involved.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 12/28/12, 12:03 am
uttam Tibrewal

you need to file two case

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Answered on 12/28/12, 2:16 am


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