My father bought 2.2 acres of ancestral agricultural land from his elder brother. The land has been transferred on my fathers name after making due legal payments and all the documents now have my fathers name. The said transaction took place in 2013. Now the son of my uncle is asking to get the land back as he wants to be a farmer.No consent papers were taken from him by my uncle at the time of sale of land to my father. Can legally are we bound to give back the purchased land from my uncle?My uncle sold this land as he did not want to distribute this land among his 3 sons and 1 daughter & had intentions of selling as he is staying with his one son who is "Divyang" and both has no source of income. Please guide.
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1) what basis you say land is ancestral?
2) if it is ancestral land uncle needed consent from other coparceners to sell ancestral land
3) let nephew file suit to set aside sale of land to your father
4) your father should refuse to hand over the land
1. If the property is ancestral then son has sahre in the said proeprty.
2. SO he can now legally challenge the deed and claim his share.
3. So before he litigates the property make some payment to him and get a deed of release/relinquishment executed and registered from him.
1. Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.
2. If it is not an ancestral property as defined above, no consent letter is required to be taken from the son of your uncle by your father or uncle while buying or selling the property of your Uncle.
3. Accordingly yo need not respond to his claim for return of the said property legally purchased by your father from his brother.
4. If it is an ancestral property as defined above, the consent of the great grandson of the late title holder in whose name the property still stands, shall have to be taken while dealing with the said property.
Once the property is sold under a registered sale deed, your father may ask his brother's son to keep away from this land aspect or else he can very well approach court for relief and remedy.
1. The land that your father purchased from his brother became his self acquired property after purchase.
2. If the land was not ancestral in the hands of your uncle's son then your uncle did not require his consent in the first place to sell it.
3. The original title deed of the disputed land alone can reveal whether the land was ancestral in the hands of your uncle's son, so as to warrant his consent to alienate it.
