• Share in land sold...

Hi...my dad sold unpartitioned ancestral land to a world famous gangster back in 2007. We are 4 sibling. 2 elder sisters were married and i was away in foreign and came back in 2010. He bought land in mothers name with that money. Now he is reliquishing // hishonoring me from all family affairs. He didnt gave me or my sisters a single penny and all of my sisters are against him. Can this sale deed be over turned.?? There is also small portion of land lying in the same land which my father didnt sell. Also land is still unpartitoned and undeveloped. Possesion is still with joint family. Also that sale deed was a scam and not fair and fair price wasnt given. All this time i didnt had courage to go against my dad and that gangster but now i have no option. Can we siblings claim our share from the land sold.??
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

On what basis you say property is ancestral?

2) father can only sell his share of land

3) if he has sold ancestral land file suit to set aside sale

4) delay of 10 years in filing suit has to be explained

5) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Hello,

This property is not earned by your father so he can not sell it to anyone. According to succession law you and your siblings are legal heir of your grandfather's property. You can claim it by filing a suit in the competent court of law.

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1) in such case you should also file suit to set aside sale deed and seek your share in ancestral land

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Your claim for partition may be barred by limitation. Moreover it is not confirmed whether the property is of ancestral in character.

The sale cannot be challenged three years after registration.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Your reasons for your silence to challenge the sale deed cannot be maintainable in law.

However you may consult a local lawyer with relevant papers for further advice in person.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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