• Can we challenge sale deed of ancestor property

Sir, my father has two brothers and mother. He sold his father's (died in 1999) unpartitioned property (in sale deed he mentioned that it is his share) in 2005 when we both were minor. Can we file a case for getting our share or to can cell the deed.
Asked 4 years ago in Property Law
Religion: Christian

5 answers received in 2 hours.

Lawyers are available now to answer your questions.

13 Answers

General Rules of Distribution of properties if No-Will is left:-

1. If the deceased has left behind both a widow and lineal descendants i.e. child,

children or remote issue, Widow will get one-third share in his estate while the

remaining two-thirds will go to the children.

2. If no lineal descendants have been left but other kindred i.e. father, mother, etc.,

are alive then one-half of the estate passes to the widow and the rest to the

kindred.

3. And if no kindred are left either - the whole of the estate shall belong to his

widow.

4. Where, however, the intestate has left a widow but no lineal descendants, and

the net value of his property does not exceed five thousand rupees, the whole of

the property will go to the widow - but this provision does not apply to Indian

Christians.

5. Where the intestate has left neither lineal descendant, nor parent, nor sibling, his

property shall be divided equally among those of his relatives who are in the

nearest degree of kin to him.

So it clear Ur view

And sale deed can be challenged by only ur's father's brother and mother not by u

Arun Kasana
Advocate, Delhi
32 Answers

Not rated

Sir,

If it is really ancestral property then you can saying it was not sold for legal necessities.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1.If his father's property he sold was his ancestral property then depriving your share he could not sell the same.

2. So You can file a suit for declaring the said sale deed as null and vid and seek partition claiming your sue share in the property.

3. So meet a civil advocate in your locality and file the same.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If it is your grandfather self acquired property on his demise your father inherited it along with his siblings

2) your father is at liberty to sell the property

3) it is not ancestral property and you have no share in said property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The succession rules amongst the Indian Christians is governed by the Indian Succession Act, 1925. There is no concept of ancestral property under the Indian Succession Act the property is governed by the testimentary succession that is by will or intestate so rule therey apply so in your grand father property even it is ancestral or self acquired you dono have any share.

The concept of ancestral property is among hindu where property is coparcenary of joint hindu family property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly, as you have mentioned in your query that he mentioned his share where as there was no partition.

Secondly, yes you can very well challenge the sale deed as you were minor at that point of time, so your interest would also have seen by your father.

Thirdly, he can only be saved if he sold it in three situations which are specified in Hindu Law of Inheritance.

Fourthly, but, you can’t be getting success if want to drag the purchaser as now it is the liability only of the father as per precedents set by Supreme Court of India.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) As of now the time has been lapsed to file case against the sale deed. Your father will be held responsible for this transaction, if you had filed case in time limits.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can not challenge it as you were minor at that time but your uncle (brother of your father) can challenge it.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Dear Client,

You have mistaken succession amendment. Property acquired by grand father is not ancestral property but personal property of father, his brothers and mother by equal share after grand father demise.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

Yes you can file the case of cancellation of the sale deed.

You will have to explain the reason for delay in filing the case.

Also, an un-partitioned property can not be sold and this must be your ground to challenge the sale deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your father has sold his own share of property and not the property that belonged to you.

It was his father's property, out of which he sold the share of property he inherited.

The share of property he inherited becomes his own and absolute proeprty hence he need not take anyone's permission or consent to sell the same.

This property originally belonged to your grandfather as his own and absolute property, hence it is not an ancestral proeprty, therefore you do not have coparcenary rights in it.

Thus, whether you were minor or major by age at the time of selling his shre of proeprty by your father, you never had any share as a right in the property hence do not venture into any fancy ideas to claim any share in it by any misguidance.

Any such case will not be maintainable and it will result into loss of money, time and energy, while losing the untenable case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1.Before anything, you must assess whether it is ancestral property. Please refer to this: https://timesofindia.indiatimes.com/business/india-business/11-facts-about-ancestral-property-you-must-know/articleshow/61684720.cms;

2. For sale of the minor's share in the property the court's permission is required;

3. If no permission is obtained, then the minor can move court within period of 3 years of attaining majority by challenging sale of property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Yes you can file but you need to establish that your case is in limitation.

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer