Ancestral property sold by father
My father gained a ancestral property via family partition deed in 1979 and sold the in 1985-86 and expired in 1989 leaving nothing for me nor to my mother. I was born in 1981 and when the property was sold in was 6years old. Also my mother expired in 1992 and i happened to be brought up in orphanage for few years, then some relative houses. Now i am 33 years old and i recently learned about this family property transactions and took some time to collect the respective documents, is there any possibilities now to reclaim a portion of property sold by father which was not his self-acquired but a ancestral property.
Asked in Property Law from Bangalore, Karnataka
1. The definition of ancestral property is different,
2. It is not an ancestral property at all since he acquired it through a partition deed in the year 1979,
3. He is the absolute owner of the said property having acquired it through the said partition deed,
4. He is in his authority to do whatever he wishes to while legally dealing with his said property.
1) Since the property was ancestral your father could not have sold it without court's permission as far as your share in the property was concerned.
2) The above being the case you can file a suit in the civil court to set aside the sale to the extent of your share our compensate you to the t tune of what your share is worth in the current time.
3) Pray to the court to condone delay as you came to learn about the transaction quite recently.
1) once partition deed is made property ceases to be ancestral . is partition deed duly stamped and registered?
2) subsequent sale by your father is valid in 1986
3) suit if any for setting aside sale deed should have been filed within period of 3 years of attaining majority
4) it is necessary to peruse documents cited by you to advise further .
The flow of the property is like this. My grandfather got the same property via partition deed between him and his elder brother in 1971, which was left behind for them by my great grandfather who expired in 1952. from 1952 to 1971 the whole property was in the name of my grandfather's elder brother (got the katha transferred from the my great-grandfather's name to my grandfather's elder brother). the same was partitioned between these two brothers in 1971 and my father got a share in 1979. My father have executed a sale deed in 1986 mentioned himself as a "minor guardian" on behalf of me in the sale deed, though he haven't got any permission from the court to sell the my share. When my father expired, he didn't have an inch of his property what ever he got via partition and he had sold off everything. I would like to press the claim only if there is are any provision in law to claim.
Asked 2 years ago
1. After the partition of the property your father became the absolute owner thereof. Being the owner of the property he could have sold it to any one he desired.
2. You would have had a share in the property after the life time of your father if your father did not sell the property during his life time. Since he sold his property you cannot sue to claim any share therein.
1. It is not comprehensible as to why your father sold the property in capacity as your guardian when you had no share therein.
2. From what you have stated the sale does not appear to be illegal.
3. Unless the property was ancestral as on the date of its sale by your father you cannot claim any share therein.
Hi, your being the kartha of the family has sold the property you have option to set aside the sale deed when you are attaining the majority but now it is too late.
2. If you go to the court also i don think you will get the remedy.
once partition deed is made property ceases to be ancestral
1) for sale of minor share court consent is necessary .
2) minor can move court within period of 3 years of attaining majority to set aside sale deed
1) There are Supreme Court rulings that has overturned sale of minor's property which was done over 25 years.
2) Therefore if the property in question is ancestral ,there is indeed provision in law for you to claim your share by getting the sale quashed.
1. The moment the said property was partitioned in favour of your grandfather, it ceased to be an ancestral property,
2. The flow of property shall have to be for 4 generations without any break of title i.e. any partition/sale/gift deed or will,
3. Since it is not an ancestral property, iyour father s the absolute owner of the said property having acquired it through the said partition deed,
4. You have no claim on his property which he has already sold.