• Ancestral property sold by my father

Hello there, my father sold his ancestral property when I was minor (back in 2007) without my concent and now I have nothing except houSe. We are 2 brothers and my father gave half of money to my elder brother half itself wasted. Now I am 23 years old and got to know that ancestral property can not be sold without concent of successors. Is there any way to get back my share back. :(
Asked 4 years ago in Property Law
Religion: Hindu

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22 Answers

Dear Sir,

You may file a suit for cancellation of such sale transactions since your father sold the same during your minority without seeking permission of the Court. Father being the Kartha/Manager of the family may sell the property of minor with due permission of the Court further it must be sold only for the benefit of minor and such amounts should be protected by way of keeping them in fixed deposit etc.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You need to send notice to them for the same who got the share in the property. If they are willing to provide you your Share else you need to approach court.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

hello,

yes, there is a procedure in law wherein you can challenge the sale of the ancestral property. contact a local lawyer and challenge the sale deed on the grounds which you have put here.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

A civil suit for share in ancestral property and cancellation of sale has to be filed as there was no consent of court taken before sale of the minor property. The guardian can only sale the property of minor for minors benifit with the permission from court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the property has been partitioned after your grandfather's demise, then, the legal heirs being your father and his brother has absolute rights to sell their share of the property which becomes a separate property. If in case of Will, which assigns rights to grandchildren, then, your father's act is questionable. Limitation act prescribes 3 years to file a suit to set aside the transfer of property.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hello,

1) Your share in the property continues to be yours despite the property being sold by your father.You can demand from your father the due share from the proceeds of the sale that was made when you were a minor. Although the father has the right to sell on behalf of a child that was minor as its guardian, the funds ought to have been invested or a new property obtained in favour of the minor who had a share in the property.

2) This would mean sending a legal notice to your father seeking the share in the property that has already been sold and if he fails to pay or make any alternate arrangement by providing another property in its place, you would have to file a civil suit to obtain right.

S J Mathew
Advocate, Mumbai
3381 Answers
175 Consultations

5.0 on 5.0

You need to collect all documents to show that the property is ancestral and file case against your father brother and purchaser as party to suit. Since limitation for filing partition is twelve years you still have time to file a suit for partition.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1)you can fie suit to set aside sale of ancestral property

2) suit has to be filed within period of 3 years of attaining majority

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

When you're a minor the parents of the Caribbean and they can take any decision for the benefit of the minors any property ancestral or self acquired if sold by the parents of the minor children it is damn to that the transaction was done for the Welfare of the children and family although you have option to go to Civil Court and file a civil suit for cancellation of sale deed and if decided in your favour you can get the property back and that will between both of you and your brother the father has to refund the amount of the value of the property along with the interest as decided by the court to the purchaser of the land he can also take this as cheating to him and can file criminal cases well

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes you can sue your father claim the share of your money back .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Client,

Such sale never valid without the permission of court. Property of minor can not be sold, File suit in court for cancellation if sale deed.

Make sure property must have bought by your great grand father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Ancestral property can be sold by the karta if there is a legal necessity

You need to find out under what circumstances the property was sold by your father

When you were a minor you were not capable of giving consent. Only your natural guardian like parents could have consented on your behalf

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

If you file suit sale deed would be set aside

2) the purchaser has to sue your father to recover money paid by him with interest

3) if decree is passed against your father and he is unable to pay in execution proceedings he can be sen t to jail

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Yes challenge the sale deed by means of which the property has been sold

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If the court decided in your favour the the purchaser will have to surrender the property and then it will be the duty of your father to pay him back or settle the dispute.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Your father won't be jailed since its a civil proceedings after a decree is granted in your favour you need to file for execution of court order if you refrain from that your father will not be liable to pay you amount or the seller since you will not be enforcing court orders.

Secondly if the buyer wants his amount he needs to file a suit for recovery of money in that case your dad may be arrested if he fails to pay the buyer.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See in this situation its better to take the left out share make family settlement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

How do you say that it was ancestral property which was sold by your father.

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

A grandchild does not have any birth right on the self- acquired property of his grandfather if it had been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956.

Thus if you had mistaken your grandfather's proeprty for ancestral property then you may not have any rights in the property sold by your father, hence ascertain the facts and then approach a local advocate with all relevant papers for proper opinion on this

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

If you have filed a partition suit in the court and if it is decreed in your favor, you concentrate only on your case alone and not on the inability of your father to refund the sale consideration of the buyer who bought this proeprty.

It is the problem of the buyer and the seller.

Your father cannot be sent to jail for any reason.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You may file a suit for cancellation of sale in civil court against your father as it can only be done with prior permission of the Court, if it is not taken then such sale is void.

In such cases, court only gives permission if the share of the sale proceed of the minor is invested in any low risk fund or new property is bought, also having equivalent share of the minor.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

If your father is unable to pay the seller after a decree has been passed against him to pay a certain amount, if he is unable to do so, the seller will file for execution of the decree.

If your father is unable to pay then, he'll be sent to civil prison due to his inability to satisfy the decree as well as all his property would be attached to satisfy the decree.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

In Civil suit mostly the property is attached. But in Criminal case he may be jailed

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

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