Your father can during his lifetime sell his self acquired agricultural land without your consent
2) if it is ancestral land then you can file suit to set aside sale of land and claim your one sixth share in land
Agricultural land sold without my signature - what can I do to get my share
We are 5 sisters including me. No brothers. My father sold his agricultural land (0.65 hectares) without taking my sign on a sales deed in 2021. He took the signs of my other 4 sisters. In 2023, That land was sold to my sister's son by that previous landowner. Her son has his name on the 7/12 extract. It's been 7 months now. What can I do to get my share of that property? Can I file a case against the current owner (sister's son) of the land? Should I file it on previous owners? If I file a case is there any assurance that I will get my share?
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
- You should know that , a property which is acquired by a great grandfather and passed down undivided to the next three generations up to the present generation of great grandson/granddaughter.
- Hence, if that was an ancestral property , then your father was not having his right to sell the same without getting consent of all daughters
- You can file a suit for Partition and declaration before the court , for partition of the property and to declare all the sale deed invalid .
It is ancestral land. If I file a suit - then on whom should I file? My father, previous owner, or current owner? And will I get a share of the land (my name on the 7/12 extract) or the money?
Asked 2 years ago
Your father ,previous owner and current owner would be proper and necessary parties to the suit
you have to seek orders to set aside sale deed executed by father and your share in land
- Since, this is an ancestral land , then you have equal right i.e. 1/6th share in the property
- You have to file Suit for Partition and Declaration against the father and both the owners , for getting share and to declare the sale deed in the name of current and previous owner invalid.
File partition suit and cancellation of sale against all.
You don't have a case here madam. It's your father's land. He doesn't require your permission whatsoever to dispose of it in any manner he pleases.
If this property was ancestral property then your father should have given a share out of his share in the sale consideration amount.
If he has not given any share in that, you can file a suit for partition against your father and can implead the subsequent buyers also as necessary party which will include your nephew
If it is not an ancestral property then you don't have any rights in the property hence taking any steps to get a share in that will be a futile exercise
If it is ancestral property then you can file a suit for partition against your father and can implead the subsequent buyers also as necessary party which will include your nephew
1. Send a legal notice to the present and previous owners for declaration, partition and seperate possession of the property by metes and bounds.
2. You are entitled to equal share in the ancestral property in view of the Amendment to the Hindu Succession Act 1956 in 2005. As per this you are one of the coparceners.
If this property has been considered as ancestral, then your father should have allocated a portion from his share of the sale proceeds.
If he hasn't allocated any portion for you, you have the option to file a partition lawsuit against your father. This legal action can also involve the subsequent buyers, including your nephew, as necessary parties.
However, if the property is not ancestral, you do not possess any rights to the property. Pursuing any actions to claim a share would be futile in this scenario. In the case of ancestral property, initiating a partition lawsuit against your father and involving subsequent buyers, including your nephew, would be a viable course of action.
You neee to challenge that false deed by filing a civil suit in court
