Legal Question in Civil Rights Law in India

Dear Rajeev Gupta Sir,

I am really sorry to put this comment for our local lawyer but it is fact regarding my case. Due to the guidance of the lawguru site me and my mother filed the DV act case and got the RO for our stay at our house.

I am from a small town in UP where the lawyers are not so much knowledgeable and confident and it is the result of their knowledge that my father was able to sale our house and other properties though all the properties are the ancestoral ones which has been converted from agricultural plot into residential plot in 2003. I have all the papers stating that it is one ancestoral property.

Local lawyers suggested and we filed the case for stay for sale of ancestoral property in the name of my mother in 2007 and we were of the opinion that we are safe and my father cant sale any thing but in 2011 he sold almost 90% of the property,now we are trying to safe guard our interest,that's all really needs ur guidance.

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.

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.

If i am going to file the sale deed cancellation suit for each and every plot and house i need to pay the stamp duty for each and every plot as per valuation of the property ,take the copy of the each sale deed and file each n every case separately by making parties to the purchaser also alongwith my father .

Will it be better for me to file the partition suit claiming my right in the ancestoral property or file each n every sale deed cancellation suit separately.

Which of the above fill the easier and sooner for me. I have all the evidences like id and address proof and educational certificates showing our relations. marriage photos of my mother and 125 CRPC order in favour of my mother.

Please Suggest.


Asked on 9/04/12, 12:22 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

i had suggested you earlier that online consultation is casual in nature and is not backed by legal research and perusal of relevant documents. you will have to meet a lawyer in person and show him all the document and he may suggest you the best way out. for seeking cancellation of sale deed, i do not think you will have to pay too much of court fee. do check with your local lawyer in this regard. in case you seeking possession of properties, you will need to pay the court fee.

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Answered on 9/04/12, 12:38 am


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