• Ancestral property

Dear Sir/ Mam,
I have purchased an ancestral agricultural land, landlord has a total land area of 12 acres out of which I have purchased only 3 cents. I have got DC conversation also. My question is, the seller is younger brother , he was 2 son and wife and the elder brother has 2 son's. While the elder brother has given GPA to younger brother in which the elder brother one son has signed as the witness. During sale deed the younger brother entire family members have signed but since elder brother is out of station the deed is executed on the basis of GPA given to younger brother. Can the elder brother's son's still appeal for rights ? Worst case what will happen? Suppose if something happens , can i make some settlement and close the issue or will I lose my property, if I lose my property will I get back my money spent on land?
Asked 8 years ago in Property Law
Religion: Hindu

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12 Answers

Hi Friend,

1) In an ancestral property the rights are inherited by birth, so the elder brothers sons are above 18 years of age than their signatures are required and if they are below 18 years court permission requires.

2) The elder brother's share will get entitled in the sale deed as he had given GPA and his son's share will be calculated accordingly, as per HIndu Succession Act, Class I shares.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Respected sir..

ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. But sir if they will claim property in future they will have to pay money to you with intrest ...No need to worry if simply a person appoint anyone in POA he will confer his right to work over it ...Your sell deed is perfect and you need not to worry about it ...You will get one thing for sure else property or money with intrest ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

1) elder brother son can calim share in proeprty sold

2) you can settle with the son and close the issue

3) you would not lose the proeprty

4) if at all you lose the land you can claim money from the seller as per indemnity clause in sale deed

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

Thanks for your appreciation

If suit is filed by son then you should file consent terms in court that x amount has been paid in full and final settlement of their claim

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1) Make the sale deed of whole family so you will be not in trouble in future.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

GPA/SPA does not confer title and shall not be construed as a valid transfer by the court as per the recent decision of the SC.

Settlement can be entered into in the form of Mou and registered.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Dear Sir,

Since you have purchased by registered Sale Deed, it cannot be cancelled so easily. The so called person of vendors family even if approaches Civil Court the sale deed cannot be cancelled without hearing you. If you want any other clarification be free to visit my office and get clarifications and be aware that you have to bring all the required documents.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

First of all it cannot be confirmed that the property is ancestral in nature or not

Grandfather's property cannot be considered as ancestral property

The elder brother 's GPA deed indicates that he is absolute owner of his share in the property hence any claim by his son for a share out of his father's share may not be maintainable

Since you have a registered sale deed in your favor you can legally challenge the same properly in court of law

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

If a situation arises then you can take legal steps with the help of an advocate

It will be too early to get into any conclusion at this stage

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Recently supreme court has considered transfer of property through GPA illegal. If the said GPA is Registered then execute a sale deed and register the same. If the GPA is Registered you don't have to worry. But I will advice you to wait for that brother and execute sale deed in his presence rather than executing the same through GPA.

Prashant Nayak
Advocate, Mumbai
34549 Answers
249 Consultations

If the elder brother passes away then only his son can raise a claim over the same.

if a claim is raised then you can make a settlement from him and can get the same in writing from him.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Sir,

Thank you for the updates.

If at all they agree for settlement how to document it, so that in future again they don't demand for property?

A document will be drafted by a lawyer, which will be registered in the registrar office. When this will be done then he may not raise any issue in future.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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