My great grand father have 3 children , in which one of is my grandfather . And by law my grandfather is eligible for 1/3 land share . But unfortunately all the land of my great grand father was sold by my grand uncles and my uncles without my fathers consent (as my grand father was not alive then ) . They are saying that they will give all the lands to us as there are some lands left . All the lands where sold between 1975 to 1996 . What are legal action can i take against them , even i dont have knowledge about my whole land also. Is it difficult to get the lands.
1. Deputy a Property Lawyer, to take out Certified Copies of all the Land records (from Tahsil office) for all the lands that was held in name of Great Grand Father, in your village area. Also get 7x12 extract, Fom no. 6 and Layout plan of the said lands.
2. Based on the above certified copies you can file for partition or for claim of money for the sold lands from your uncle's families.
You are delayed by decades. Why not raise objection at the time of sale. Have to file partition suit to claim your father share.
Search revenue records of 1975, you may get information about lands named in your GGF or GF.
1)your claim would be barred by limitation
2) suit filed after 25 years would be dismissed
3) if you discovered fraudulent sale recently suit has to be filed within period of 3 years
You collect the details:
1. The properties that were in the name of great grandfather:
2. The share of properties that were allotted to your grandfather;
3. whether your grandfather died intestate, in that case how many legal theirs were there to your grandfather including your own father;
4. How much shall be your father be entitled out of your grandfather's share in the property;
5. How many properties were sold out of the total properties that were lying on your grandfather at the time of his death and how share of properties were given to your father by the people who sold the properties of your grandfather;
6. You can file a partition suit claiming your father's share in all the properties that were sold and unsold so far after discussing with a local advocate and proceed.
Going by the contents of your post, the sale transaction took place between 1975 to 1996, as such, the transaction cannot be question as it is barred by limitation i.e., more than 25 years.
However, if you want to initiate any proceedings, you can do so within three years from date of knowledge of such transaction.
Further, as your uncles say that they will give left over lands, it is better to work out on that aspect.
the limitation is for 12 years, so it almost 24 years back the land was sold. Hence you will have to explain the reason of delay, which we can suggest only after examining the documents.
My great grand father property is not divided among my grand father and grand uncles after my GGF died in 1965 after that 2 of my grand uncles sold all the land . Is it possible that they can sell the land without informing my GF . They sold the land 24 yrs ago . Will limitation act applies on that too. And why . Then where is my property as my grandfather didnt sold anything. Can anyone from family sell all the lands without informing the Co owners. As that transaction was invalid ? will limitation act work on that too ? What will court do if I file partition suit on my all GGF lands by plot number.
Grand uncles can sell their undivided share on land without consent of grandfather
2) under section 44 of transfer of property act co owner can sell his share without consent of other co owners
3) suit after 24 years to set aside sale deed would be barred by limitation
Since the matter pertains to 1996, law of limitation will prohibit you from filing the suit as ideally you should have filed any suit within 12 years from the date of you becoming major or within 12 years from the date of transaction.
If your grand uncle's have sold their father's property then your grandfather was the one who should have protested or sought a share in the sale proceeds, provided he was alive at the time of selling the property by your grand uncles.
How do you say that your grandfather was not allotted his share in it, in any case your father at least could have initiated any step in this regard, if he too had kept quiet then it can be deemed that your grandfather would have been allotted his share or his share in the sale proceeds.
Therefore, in my opinion no case may be maintainable in this stage.
You can seek your share by filing partition suit in the same they need to provide you your share
Limitation applies to your GF (if he is aware of said sale), but if he can prove that the same is not known to him he can challenge the same.
Your GF has to challenge the sale made by his brothers, on succeeding his legal heirs will be entitled to property.
No, a co-owner cannot sell without consent of other co-owners. Yes such transaction is invalid, yes limitation attracts if the other co-owner knows about the same and keeps quite.
Limitation aspect comes into play, you need to over come the same.
Certainly, limitation passes by decades. Sale was illegal but had to challenge it within 3 years. How will file partition of those properties which dispense so many years back.
1. Obtain certified copy of land record of your grandfather from office of sub registrar.
2. The suit for properties sold before 1996 will be barred by limitation if you had the knowledge of sales from more than three year from the date of filing of suit.
3. Land cannot be sold without informing the co-owners of property if share of co-owner is also included in sale.
