Your father cannot sell the property in this case. You people can claim it by filling a suit and also do the mutation in your name.
Hindu succession act ancestral property
We are Hindu. My father got 10 acres of land as inherent property from my grandfather. My father sold 3 acres of land without our consent around 5 years back. My father have two kids who are majors at the time of property sold. In fact we came to know the sale of property after his death which had happened on last month. We never partition those 10 acres of land. Can we file a suit now to get null and void order of sold propery? Can my father has right to sell his portion of share?
Asked 2 years ago in Property Law
Religion: Hindu
15 Answers
Yes you can file a suit and recover your money as well as cancel the deed
1. If it were to be the ancestral property, then your father's action was not legally valid to have sold 3 acres of land, out of 10 acres unpartitioned land.
2. Your father had right to sell his portion of share in the property only after the property was partitioned.
3. You can file a suit in the jurisdictional Court now to get null & void order of sold property.
Thank you for replies. My father sold only 3 acres out of 10 acres. Can buyer claim that they bought only my fathers 1/3 share out of 10 acres. My father mentioned in the sale deed that he was sold due to family expenses. Can buyer get favors on this case based on above grounds?
Asked 2 years ago
No he can't he needs to take consent of legal heirs in any conditions
This property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother are legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it anytime.
1. If your father was a karta of the HUF, then his action of selling his individual share of 3 acres of land to meet immediate family necessity and expenses incurred towards the welfare of the HUF, will be in order.
2. If it's so, the buyer can be at advantage based on the above ground.
I presume it was self acquired property of grandfather which was inherited by your father
2) it is not ancestral property
3) even if you file suit to set aside sale of property you would not succeed
Father was at liberty to sell property inherited by him
even it was ancestral property father was at liberty to sell his share in property
- As per law, father cannot sell an ancestral property without getting consent of family members and also under special circumstance like family debt etc.
- Hence , that sale by your father was against the Act, and you can cancel that sell.
- Further, after his death now the entire property would be devolved upon all the legal heirs equally.
- You can file a suit for Partition, declaration for getting share and to declare the sale deed as null and void.
1. If your father had inherited the said property or its share then it is not considered as ancestral property since ancestral property is defined differently.
2. It is an inherited property acquired by your father which he can deal with in any way without taking consent from anybody including you.
3. In the circumstances narrated in the query, the said sale appears to be valid in the eyes of law.
If your father had inherited 10 acres of land then he cahn sell the entire land or any part thereof legally as explained in my earlier post.
Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grandfather is called ancestral property. It should have remained undivided till the fourth generation upwards.
If your father's property comes with such a definition then only you can claim it, otherwise your claim will not legally stand. In such a situation, your father has the right to sell the property .
Your father inherited his share of property from his father as his right.
This cannot be considered as ancestral property instead it can be considered as his self acquired property only.
Therefore he had full rights to sell his property or to dispose the same in any manner.
Neither you nor anyone had any rights to object this nor to restrict him from doing so.
Therefore you cannot claim any share in the property that was sold by your property during his lifetime.
You are entitled to an equal share in the properties that has been left behind by him upon his intestate death.
The sale of his properties by your father during his lifetime cannot be disputed now by his legal heirs.
Any case that you propose to file in this regard would not be maintainable and perhaps you may be fighting a losing legal battle.
Dear Client,
your father needs the consent of all the legal heirs before selling any ancestral property but if your family comes under the definition of Hindu Undivided Family and your father is the Karta then he can sell without anyone's consent for the needs of the family.
Thank you
