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partition deed is cancelled  and making a sale deed partition deed is cancelled and making a sale deed

6 months ago

Hi , my grand pa have 2 sons and 4 daughters , daugthers have no share and they have agreed and the partiion made to 2 sons after my grandpa died . my father is not satisfied with it and cancelled the partition deed through the writ petiotion by high court . after the cancellation my fathers brother sold the part of land to third party which is suppose to be ours , but this sold portion is mentioned as his part . Is this sale deed valid ? now my father died and he mad a suit for parttion and injection during the sale is known to my father . how to proceed and recover our part .

Anik

Responded 6 months ago

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A.Dear Client,
The sale deed may be invalid if your father's brother did not have the legal right to sell the land. If the sale deed of the portion of land sold by your father's brother is invalid, you can challenge it in court. Even if the sale deed is valid, you may still be able to recover your share of the land. This would be the case if you can prove that your father was not aware of the sale at the time it took place.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
When a Deed of Partition is cancelled by the High Court, then the property is termed as undivided property and the legal heirs lost their title or ownership of individual share in the said property. In such a status of property, when a share or portion of the said undivided property is sold to a third party who filed a suit for partition and injunction to obtain the physical possession of the portion of land of the said undivided property by virtue of sale deed. So, to contest the civil suit to protecgt your interest, reach out to an Advocate for guidance and proper steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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