• Grandfather's undivided property sold without intimation. need to get back the property

My uncles sold a joint property which was in my grandfather's name after my father's death. We were not informed. Can I get back the entire property as a grandson or can I get a suitable partition?
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

Yes, you can get the share of your father in the property.

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

1. Assuming that your grandfather died intestate (without executing a WILL), then his self acquired property would devolve equally to his mother (if alive), wife and children (both son's & daughters).

2.  In view of your father's intestate death, his share in the property devolves to your mother and their children.

3.  As a grandson, in view of your father's intestate death, you would be entitled to a share, alongwith other legal heirs of your deceased father.

4.  Send a legal notice to your uncles , for your individual share in the property. If nothing is forthcoming, then file a case in the jurisdictional Court for partition, declaration and seperate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

File a suit in Civil court for partition of the property and you can also sue your uncle under criminal law.

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

If your grandfather was reported to have died intestate leaving behind his self acquired or his own and absolute property,  then you can file a suit for partition along with other legal heirs of your deceased father to claim his legitimate share out of his deceased father's property with separate possession. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As suggested earlier. you may contact a local lawyer and file a suit for partition along with your mother and other siblings to claim your deceased father's share of property. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You need to challenge the sale deed and then claim the same. Also recover monies from Uncle

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You need to file a suit for setting aside the sale, declaration of your title and division of the property at the district court, in consultation with a competent lawyer. You may execute a special PoA in favour of your relative or friend, get it either notarised or attested by the Indian Consulate in the US, and send it to India, for the purpose of filing the suit on your behalf.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

When was property sold 

 

when did you come to know of sale 

 

file suit to set aside sale of jointly owned property 

 

also seek partition of the property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

Act as advised herein above 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client I am sorry to hear that what in this case if the property of your grandfather is an ancestral property than your uncle your father and you have equal right over the property and no one cancel the property without taking consent from the other legal heir. in case if one of them do so the sale date will not be a valid sale deed.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- As per law, after the demise of your grandfather intestate , his property would be devolved upon all his legal heirs equally i.e. your father and his siblings can claim equal share in the property.

- Further, if your uncles have sold the said property without getting your consent , then you being grandson can claim your fathers property legally. 

- Further, the said sale transactions can be cancelled by the court 

- You can send a legal notice to them and ask for your fathers share in the property , and if refused then file a suit for Partition & Declaration before the court . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi. Hope you're doing well. 

If your grandfather died without a will, then his property would devolve equally among his first class heirs, as given under the Hindu Succession Act. This means that a notional partition had been effected at the time of your grandfather's death and your father's share would then be considered to be his self acquired property. After your father's death, his share in the property would belong to your father's class one heir and your uncles would have no right over his share. Since your uncles have already sold the property, you can either file a court case and get the sale to be declared void. Or you can ask your uncles to pay you for your father's share of the property.

For any further inquiry or consultation, feel free to contact me. 

Regards,

Siddharth Jain

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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