• How to Claim Land which was sold by grandfathers brother

Hello,
My Grandfather was tenant for Land approx. 3 plus acres in 1955.
When my Grandfather was away from town , his brother sold the land to someone.
Later he did not provide any information to my Grandfather, and at that time due to poverty they could not fight legally.
My Grandfather have 3 sons and 5 grandsons, plus daughters, children,etc
My Grandfathers brother have 3 daughters who also did not get any money and support us.

Right now we want to file a case on land based on old land record of 1955, later to that some documents were misplaced and not available in MRO office.
Right now land is on some other person name, so 1-2 transfers may have happen.

What are the chances that we grandsons claim that property now on old pahanis of 1955.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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5 Answers

1) claim is barred by limitation

2) if grand uncle sold land fraudulently your grand father on discovery of fraud should have filed suit to set aside sale deed within period of 3 years of discovery of fraud

3) grandsons suit claiming said land would be dismissed

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Your parents were absolute owners of house

2) they do not need consent of son and daughters to sell the land

3) signatures of children are not required on sale deed

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Daughter has no share in father self acquired property during father lifetime

2) in case father dies intestate daughter would have equal share in father property as son

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

The property on your grandfather's property was sold during his lifetime whereas your grandfather, despite knowing the fact kept silent about it rather did not rake any action on it.

The sale is adverse to him if he is alive and if he is not alive, then there is no claim whatsoever to his children.

Therefore there cannot be any suit maintainable in this regard.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

If the property belonged to your father, then there is nothing that could have prevented him from selling the property. Your sisters nor you have any claim in it

If father had sold his property then it cannot be questioned by her or anyone.

Nobody has any right to claim a share in your father's own property.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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