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Can sale deed be cancelled? How to reclaim land from purchaser
25-Feb-2023 (In Property Law)
Property type: ancestral property
Sale deed: 1976
Sold by : father
Signature of grand father on sale deed : no
Signatures of grand sons on sale deed: no, minors at that time.
Possession: in the hands of purchaser
As per revenue records: in the name of father.
We ( grand sons) have applied for mutation in the name of mother. At the same time purchaser applied for the same land with sale deed as proof.. Mandal revenue officer stopped mutation for both parties. Given 2 months time to decide legal owner.
My question: can my father sell land without our consent. Whether sale deed is valid?? Can we go for court to challenge the sale deed? Father: died (30 years back) Please give detailed legal opinion to reclaim the land from purchaser.
Sale deed: 1976
Sold by : father
Signature of grand father on sale deed : no
Signatures of grand sons on sale deed: no, minors at that time.
Possession: in the hands of purchaser
As per revenue records: in the name of father.
We ( grand sons) have applied for mutation in the name of mother. At the same time purchaser applied for the same land with sale deed as proof.. Mandal revenue officer stopped mutation for both parties. Given 2 months time to decide legal owner.
My question: can my father sell land without our consent. Whether sale deed is valid?? Can we go for court to challenge the sale deed? Father: died (30 years back) Please give detailed legal opinion to reclaim the land from purchaser.
No the sale deed in this case is not valid unless your father sold the land in the capacity of a Karta provided that the sale was executed in case of fulfilling the family needs/education purpose etc. Otherwise the sale deed is not valid and you can claim your own share in the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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