are you sure that the property was ancestral?
Fora property to be ancestral, it has to be undivided from last four generations.
Ancestral Property
My grandfathers died without a will and his property was sold without my consent 10yrs ago. Q1)Can I claim my share now?If so would I get the share based on current value or the value when it is sold? Q2)My sisters took the share received by my father which they acknowledged during an it raid on my father. can they be stopped from filing a suit by getting these docs some how?
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
If property was self acquired property of grand father and your father alive than NO.
1) Who sold grandfather's property. A grandfather himself or by other members of family??
2) If it's sold by grandfather than you won't get any share. If not sold by grandfather than you can ask your share as per current value from buyer or your share land.
You don’t have any share in deceased grand father property
2) on his demise your father as legal heir would inherit his self acquired property
3) yiu would not get any reliefs from court
Hello,
1) It needs tho be determined if the property qualifies to be ancestral property in the first place. The property has to come down 4 generations undivided to be called ancestral. If the property was inherited by the grandfather in that manner then you stand a chance to stake a claim. If this be the case you are loot at the current value.
2) You may stake a claim in the portion taken by the sister if the property is ancestral.
3) Why try to prevent, you must contest if a suit is filed.
Were you sleeping till now??
If you had share in the same and not relinquished by you then you can claim being legal heir by filing suit.
you are the co-sharer in that property, anytime you can claim.
Nobody can be stopped for filing a suit this is a free country of course you can claim your share from the property from your father but it will be given to you and the previous rates you can claim the compensation from the court in the form of interest but it will be decided by the court
1. See you can file a suit claiming your share and further for cancellation of sale on ground that it is illegal all legal heirs did not sign. (see you have to first make sure you have right on the grand fathers property as you don't have share in grandfather's self acquired property,)
2. You can file a suit if it is ascertained that you have share in same.
1. Your grandfather's property is not ancestral property to you hence there was no necessity to take your consent before selling it.
Neither you can claim any share in it as a right especially during your father's lifetime.
Any legal step taken to get a share now will be futile.
