Legal procedure to file a suit for revoking a sale deed


My father (Hindu) died without any will. We,five brothers &mother are legal heirs to my father's property. Due to jobs etc., all of us are not staying at one place. None of us are staying, where the property is situated. And, we hardly meet all together. My elder brother without my knowledge and consent got executed sale deed in his favour directly without any formal partition deed. My mother & three brothers sold their shares, signed the sale deed on 19-05-2006. In the sale deed, mentioned that I have 1/6th share. But no boundaries were shown about my share. In other words, he is the sole owner for the entire property except my 1/6th share. Recently, I came to know about the aforesaid transaction. My mother also died two years ago. One of my brothers say now that by coercion, he signed the sale deed and opposing the sale deed. Other two brothers are neutral. As there is no partition deed &one of the brothers formally opposing sale deed, Can I file suit for revoking sale deed?

Answers (3)


221 votes

You have a good case to seek cancellation of the sale deed through a civil court. As you are not a party to the transaction, you can certainly get the relief and the sale deed would be void. Take immediate steps, else your brother may transfer the same to a third party. We can seek interim injunction from court by way of freeezing any further transaction on property. In addition, your brother can be prosecuted under 420 IPC and also for giving false information under a different section of law. Consult for filing a suit for partition and for cancellation of sale deed, which can be clubbed in one suit.


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163 votes

You can file a suit for cancellation of sale deed if that sale deed executed with fraud or coercion or misrepresentation only. And you can file for partition and you can get your share as per HS Act 2005.

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174 votes

You have right and you are entitled one share of the property. Your brother without your consent execute the sale deed is illegal and null and void. You approach advocate to file partion suit and cancel the sale deed.

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