• Ancestral property

Dear sirs, i am purchasing land from a former, and his son. the fother has got the land from his father.   the formers  fother got the land as inam title deed  and got ryhtwari patta from andhra pradesh govt.
but the former who sold the land to me, having three daughters, they put a pitition in the court against  me and his father for their share.i purchased the land at high cost.is there any solution to this.from their grand fother to grand sons the land is sub divided at his fother tenure. the seller (father of the daughter) is alive till now.what can i do for this problem. is this property comes under ancestral?please give a best solution to me as early as possible
thanking u sirs
Asked 1 year ago in Property Law from s kota, Andhra Pradesh
Religion: Hindu
1) it is not ancestral property 

2) it is self acquired property of grand father and on his demise the son sold the land to you 

3) daughters have no share inland during father lifetime 

4)the father is free to sell land to you . He does not need daughters consent 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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1. If the seller got the land from his father who was the original owner of the property then it was the personal property of the seller who could have sold it to anyone he desired. During the lifetime of the seller none of his children had any share in the property. A share in the property was to accrue to them only if he died without making a will. The property is not ancestral in character.

2. You should enter defence to contest the lawsuit filed by the daughters of the seller to repel their claim.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
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The share of daughters is equal to that of sons as this property is not ancestral in character. Ancestral property flows from the fourth generation upwards.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1) sale deed by father and son is sufficient 

2) since it is self acquired property no consent of daughters is necessary 

3) your lawyer must be well versed with definition of ancestral property 

4)Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance,

5) contest case filed by daughters on merit  
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Dear sirs, i am purchasing land from a former, and his son. the fother has got the land from his father.   the formers  fother got the land as inam title deed  and got ryhtwari patta from andhra pradesh govt.
but the former who sold the land to me, having three daughters, they put a pitition in the court against  me and his father for their share.i purchased the land at high cost.is there any solution to this.from their grand fother to grand sons the land is sub divided at his fother tenure. the seller (father of the daughter) is alive till now.what can i do for this problem. is this property comes under ancestral?please give a best solution to me as early as possible

Basically this property belonged to the vendor's father who acquired it through a govt Inam scheme under ryotwari patta.  Therefore this property becomes an absolute property of the allottee i.e., the father f the vendor. In the given situation, as per law only the legal heirs of the allottee are entitled a legitimate share i the property and shall not into the hands of next generation children in the name ancestra property.  This is not at all an ancestral property especially n the hands of the allottee s son.  In fact he need not have take the signature of his son to sell this property. His son has no rights or title or interest in the property. In the same line the daughters also do not have any right in the property and the suit filed by them will not be maintainable in law. If the vendor is still alive, the case should have been filed against him only by impleading the subsequent purchaser as party to the suit, the father may collude with his children and leave it to b decided exparte against him because he has nothing to lose after selling the property to a third person. So it becomes yor duty to defend the case properly and ge the case dismissed otherwise you may lose your hard earned money.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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sir  the former father has got  rytwari patta from andhra govt by cancelling title deed. can we think this property is self occupied by his father. third point from ur answer  daughter has no right on this property means the registration from father and son is sufficient?. can we think the land  has only three genarations. first the farmer got enam from  king rulers of vizianagaram. can u give any suggestins to my lawer
This subsequent question too was answered properly in my previous answer, you may go through the same and instruct your advocate about it accordingly. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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