90,000+ Legal Questions Answered
father sold my share of ancestral property
2 weeks ago
I'm from hyderabad, my father sold 2.5 acre of my share of ancestral property on 2018 without my consent, which i gave for development of villas, my father took advance of 20 lakhs, so now the person for whom my father sold property he filed case against my father to stop the development, do court orders stay on my land to stop the development. what safe case I can file on my father, and by that case what legal problems he can face.
A.Dear Client,
According to the law of inheritance, the property that is undivided for at least four generations constitutes an ancestral property and you are legally entitled to it. Your father is not allowed to sell the property without the consent of the successors who have attained majority (18 years). In case, your father has disposed of the property without your consent, then you can file a civil suit challenging the sale deed, and reclaim the property. If required, you can consult an advocate for advice and assistance in the matter
Hope it helps.
Thank you.
According to the law of inheritance, the property that is undivided for at least four generations constitutes an ancestral property and you are legally entitled to it. Your father is not allowed to sell the property without the consent of the successors who have attained majority (18 years). In case, your father has disposed of the property without your consent, then you can file a civil suit challenging the sale deed, and reclaim the property. If required, you can consult an advocate for advice and assistance in the matter
Hope it helps.
Thank you.
Helpful
Helpful
Share
A.Dear Client,
Although you have rights over your ancestral property, you need to be within the sapind - 4th gen only then you would be the coparcenary. additionally Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit for possession of immovable property or any interest therein based on the title. hence you can file for claim only within 12 years of it sale.
Although you have rights over your ancestral property, you need to be within the sapind - 4th gen only then you would be the coparcenary. additionally Article 65, Schedule I of the Limitation Act, 1963 prescribes a limitation of l2 years for a suit for possession of immovable property or any interest therein based on the title. hence you can file for claim only within 12 years of it sale.
Helpful
Helpful
Share
A.Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The ancestral property inherited by your father along with other legal heirs/coparceners and he himself being a coparcener had no right to sell or transfer the share of other coparceners in the said property in the absence of their consent depriving a legal heir/coparcener of his legitimate right to said ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. The ancestral property inherited by your father along with other legal heirs/coparceners and he himself being a coparcener had no right to sell or transfer the share of other coparceners in the said property in the absence of their consent depriving a legal heir/coparcener of his legitimate right to said ancestral property. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who have received it, which gives such family members an unfettered right to deal with and/or dispose of such property. In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
Helpful
Helpful
Share
A.Dear Sir,
If you are fourth generation person then you can claim your property. Further you should have claimed such share within three years from the date of attaining the age of 18 years. You may seek cancellation of such sale deed or agreement.
If you are fourth generation person then you can claim your property. Further you should have claimed such share within three years from the date of attaining the age of 18 years. You may seek cancellation of such sale deed or agreement.
Helpful
Helpful
Share
Read Related Answers
EWS Certificate
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
POA from SriLanka to India citizen Resident Indian
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Darkast agriculture land sale
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Mutation of property in authority records based upon registered gift deed
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Sell disputed property
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
