• Reclaiming sold ancestral land

Daughter of my great grandfather sold her share of acquired ancestral land without consent of my father and other successors in between 2010 and 2013. My great grandfather was not alive then. My question is-is there any chances of reclaiming it as the land was sold without consent of all the successors my father being one among them..???
Thanks
Asked 7 years ago in Property Law
Religion: Buddhist

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

10 Answers

If the property sold by one shareholder alone then it can be termed as deprivation of the rights of cosharers.

The shareholders who were deprived of their rights to their legitimate share in the proeprty may file a partition suit and seek their respective share in the properties that were illegally sold by one of the shareholders.

T Kalaiselvan
Advocate, Vellore
90090 Answers
2502 Consultations

As far as daughter is concerned it was not ancestral property 

 

she was at libetty to sell her share without consent  of other legal heurs 

Ajay Sethi
Advocate, Mumbai
99888 Answers
8153 Consultations

a land which has been sold without the consent of the persons who are shareholders is illegal and hence the sale deed can be cancelled.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

ancestral property can not be sold without consent of successor, the propertyis not earned by a person who want to selli it,so can not sell it to anyone.. Heirs can claim right over a property within  12 years.

 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that the property was of anscestral nature and others also had interest in it.
  2. Though the property has already been sold, and there is law of protection of the buyer of the same as it is not their fault if a person sell something which belongs to some one else.
  3. But, still as per the amount received by her, all remaining legal heirs may claim their rights over the amount.
  4. For that you may have to file a civil suit for share in the amount so received by her before the Civil Court of Law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hello,

Yes as they are entitled to the property they can claim the same.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

No, a coparcerners can sell individual share from ancestral property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See she has right over her share then she can sell same without consent of other legal heirs. Further the undivided share can be sold even if the property is not partitioned.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

No, ancestral property can not be sold without consent of successor, the property is not earned by a person who want to sell it,so can not sell it to anyone. Yes, ancestral can be sell in interest of family and succession is not open yet. Either or successor can file suit for cancellation of sale deed in limitation.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

No consent required, she has absolute authority to sell her share.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Ask a Lawyer

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