• Sale of ancestral property without partition

My father was the oldest of three brothers. My father expired on October 1986. My father death provided employment to my mother on compassionate ground in a PSU in Ranchi.So, my mother moved to Ranchi with me and my older brother and we survived on the service to PSU by my mother. 

My grandfather sold his ancestral land between 1993 to 2006 without any partition of the ancestral land. They did not informed us or taken any consent. They also never gave any monetary share to us. My Grandfather expired on March 2006.

My Question-------?
1. Can I file case against the buyers of those land?
2. What could be the possible outcomes, if a case is filed?
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

Kindly clarify on what basis you say property is ancestral

2) if it is ancestral land you would have share in said land

3) file suit to set aside sale of land and seek your share in said land

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Now it is toolate to filethe suit.

2.it is right that ancestralprperty without formalpartition can not be sold deproving the sahre of the other co sharers.

3.however in the given situation it would be very hard to prove the nature of title and your sahre.

4.So decide accusingly.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

1. When your grandfather has sold the said property then it did no longer stay as ancestral property to you to claim your share therefrom..

2. Your father was entitled to sell the property he has inherited without your consent for which you can not claim any share therefrom.

3. The outcome will be that your suit will be dismissed for want of any ground to establish that you have a share on the said property of your grandfather.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. ON what basis do you term the property ancestral? Furthermore, if the property was ancestral in the hands of your grandfather but not your father then it could have been sold by your grandfather.

2. Under Hindu law a property becomes ancestral in the hands of an individual only if it was originally purchased by his fourth lineal descendant and remained undivided throughout. So it has to be seen whether the property was ancestral in the hands of your father.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

What is your understanding about the ancestral property?

How do you say it was ancestral property in the hands of your grandfather?

If this property was inherited by your grandfather from his father who in turn would have inherited from his father, then this share of property in the hands of your grandfather may not be considered as ancestral property.

Since your grandfather died 11 years back and the property was reportedly sold during his lifetime, the sale of property cannot be challenged at this stage.

Even otherwise, you can plan to claim a share of your father's share in the property only.

You can consult a local advocate and seek his suggestion about the feasibility and position of law in this regard in person by producing the relevant property papers before him.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Hello,

You will file case not against the buyer but a partition suit wherein the buyers will be made the opposite party.

Also, it is not a good case since the same will be barred by limitation now.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

You can file a civil suit for cancellation of sale deed if you have evidence to prove that buyers had knew about the fact that consent of other coparceners were not taken add to the time of sale. Ancestral property can be sold out only for the legal necessity of the joint family or by taking consent of all the coparceners. If there is no such fact prevalent at the time of sale then you can move a civil suit for cancellation of sale.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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