Legal Question in Civil Rights Law in India

Dear Sanjay Kalra Sir

I have the Panchayat and Tehsil ka paper which clearly states that this is an ancestral property which belonged to my Grand Mother and Father and thier Parents (Father of My Grand Father)and After Their Death (My Grand Parents) ,this land was transferred in the name of my father and my other's uncle's name. My Father sold his part of property which he got as his share in the ancestrol property but i have all the papers which shows that it was a ancestral property it was not actually earned by him.

In U. P. My father has sold one ancestral property on 07-01-2011 which was in his name. This plot has been transferred from agricultural land to residential land since 02-07-2003. I am his real son and he is denying to accept me as his son but my mother and I have all the documents to proof that we r his real family members. Can I file any case to cancel the Sale Deed which was done on the abovementioned date. Is there any time limit to cancel the Sale Deed from the date of its registration.

Also wanted to inform you that my mother has lodged the FIR under Section 494/498A/506 againt my father who is senior citizen on 29/12/2010 and My father has sold this ancestoral property on 07/01/2011 as soon as he came to know about this FIR, Till date he has not been arrested he has applied for mediation which got cancelled last week without any result .Please guide me


Asked on 8/25/11, 3:27 am

3 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

why is your father denying that he is your father ? what could be the reason according to you ? Your so called father is denying all the relationship with you and your mother.On the one hand you want his property and on the other hand your mother has filed a criminal case against him . I have many more questions to ask you before i could give you my opinion on your legal status and for that i feel that you could call me on my cell as mentioned in my profile.

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Answered on 8/25/11, 4:13 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

your remedy lies with the civil court and you may file the appropriate cases qua the ancestral property.

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Answered on 8/26/11, 2:06 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

1.the first way to handle this file a suit for cancellation of that sale deed on the ground that property belongs to u as u are coparcener in the ancestral property...

2.ur mother's cases are not connected here as she has filed in capacity of wife and u are filing in capacity of son...

3. and for all that u should consult a lawyer ....you need not to prove that u are his son let him prove that u are not his son and can not claim the share in property... which is ancestral....

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Answered on 8/26/11, 2:12 am


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