Legal Question in Civil Rights Law in India

Dear Rajesh Singh Sir

The below matter is from a small village in UP (Ghazipur)

I am putting my question again for your ready reference

I just wanted to inform you that our property is an ancestoral one and my father has not purchased this property on this own.I have all the evidences that the property is an ancestral one but in 2002 after the division of the family my father got his share inthe ancestoral property.I have all the evidences that all this property is an ancestoral one but my father has sold almost all the property as he is totally in control of his mistress.

I have all the evidences like id and address proof and my education certificates showing him as my father but he is just denying our relationship. My mother has also got 125 CRPC order of maintenance and R.O. under DV Act in her favour.

Can i file the partition suit claiming my rights in the ancestoral property but almost 90% of the ancestoral property has been sold out by my father.

My father(62+) has sold our house which was build by him but the house was built on an ancestoral land(he has shown this as an ancestoral land in a separate civil case with me and my mother which is still pending in the court).

I(32) have applied for the cancellation of this sale deed of our house basis ancestoral property and we are still in the possession of this home.

My father is denying having any relationship with me but i have all the evidences that i am his son like id and address proof. I have applied for the cancellation of this sale deed basis it is an ancestoral property and i have a right in it and he cant sale the whole home to a third party without my consent. I have all the documentary evidences that the land is a ancestoral property on which this home is located and in 2003 this agricultural plot has been transferred into residential plot.

In a separate case also he has admitted that he has ancestoral property at our native place and i am not his son and m trying to get share in it,i am still contesting this case.

Just wanted to ask i have filed the cancellation suit for the sale deed making party to the purchaser and my father .It is almost 10 months , my father's & the purchaser's reply is still awaited in this case.

Recently the commision report has been filed in this case showing our possession .it is more than a year i have filed this case but no reply has been filed either by my father or the purchaser. but it has been mentioned in the case that the summons has been surved to the purchaser.

As the intension of my father and the purchaser is to delay the case,How can i get the sale deep of our house cancelled and also get my share in rest of the properties which are sold by my father (no property has been earned by my father only the house he has built on our ancestoral property land).

Please Suggest.


Asked on 9/28/12, 5:42 am

1 Answer from Attorneys

Rajesh singh, {exp. 28 years,email [email protected] } mo.+917800351226

for details contact

Advocate Rajesh kumar singh Advocate varanasi

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Answered on 10/29/12, 12:51 pm


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