As recognised in law, an ancestral property is one which has been in common possession and enjoyment continuously for four generations and has not been partitioned in between. Based on the facts you have stated here, the property acquired by your father from his mother does not appear to be ancestral in character. Your father's estate, therefore, devolves equally upon all his Clas - I legal heirs automatically, in case there's no Will, with each heir being entitled to an undivided equal share in it.

It is not ancestral property 

you do not have share in said property during father lifetime 

don’t file any partition suit 

Any property from mother side is not ancestral but if it’s transferred to dad it will be his self acquired 

Hello,

The property bought by your father by the profit of business is not an ancestral property.

Regards

The property acquired from mother by the son is not considered as an ancestral property even if it was her lawful share from her  own ancestral property. 

Therefore this property acquired by our father from his mother becomes his self acquired and his own and absolute property and also the properties that he added to thuis are also considered as his self acquired proeprty.

Hence no suit for partition of the said properties by the children of your father  will be maintainable in law at least not during his lifetime.

1. It's not ancestral property but it's a self acquired property of your father.

2.  During the lifetime of your father, his children can't file a partition suit for the properties.

Your mother should file domestic violence case seek right to stay in her matrimonial home seek injunction restraining her husband/live in partner from selling the property 

2) seek maintenance from him and compensation fir mental torture undergone by her 

If you want to stop sale etc then you need to file suit and seek injunction from court

Firstly neither you nor his other children have any rights in the property he possess.

Therefore you  cannot claim any share in his property as a right, at least during his lifetime.

If t all you are so much worried and concerned about your father's health and care, you can give a complaint to the local police for illegally detaining him against his wishes, but your father should cooperate for that, without which no complaint will be entertained by police or even court will not entertain any such case. 

You cannot file a suit for  injunction to restrain him from transferring or  alienating his self acquired property to anyone of his choice.

At the age of 80 years, any such action taken by you against him may prove futile and may not be maintainable in law.

You have explained that your father received land from his mother, which had originally come to her through her own mother. He carried on business on that land and, over time, purchased additional properties from the income derived therefrom. He has five children from his first wife and three children from your mother, whom he married while his first wife was still alive. The first wife passed away around fifteen years ago. Your father is now about 80 years old and resides with his first wife’s children, who are pressuring him to transfer or sell all his properties to their side of the family. One of the sons has already obtained a registered gift deed of a portion of the property, which your father challenged before the Revenue Divisional Officer (RDO) but lost. You are concerned that the remaining properties may also be sold or gifted away under coercion, thereby depriving your mother and your siblings of your rightful share.

On the nature of the property, under Hindu law, property inherited by a male Hindu from his mother or any female relative (such as grandmother) is treated as self-acquired property, not ancestral property. Only property inherited from father, grandfather, or great-grandfather through the male lineage becomes ancestral property capable of forming a Hindu coparcenary. Therefore, the property your father received from his mother is his self-acquired property, even though it came from his maternal ancestors. Likewise, any properties he subsequently purchased out of his business income or savings are also his self-acquired properties, unless there is clear documentary proof that they were purchased using joint family funds.

Being self-acquired, your father retains full ownership and discretion to sell, gift, or transfer such properties during his lifetime. Legally, children (of either wife) do not have an automatic share in a living father’s self-acquired property. The right of inheritance arises only after his death, provided no will or transfer has been executed. This means that you cannot file a partition suit during his lifetime for self-acquired property.

However, if there is undue influence, coercion, or lack of mental capacity, any sale or gift executed by him can be challenged in court as voidable under Sections 15 and 19 of the Indian Contract Act, 1872. You can seek temporary protection through civil proceedings if you can show that he is acting under pressure, fear, or manipulation.

Your immediate legal remedy is to file a civil suit for injunction before the jurisdictional Senior Civil Judge’s Court seeking to restrain your father and others from alienating, selling, or gifting the properties until the dispute is decided. You may seek both temporary injunction (under Order 39 Rules 1 & 2 CPC) and permanent injunction reliefs. In your application, you must show:

1. That your father is under undue pressure or coercion from his elder sons;

2. That there is imminent threat of alienation of the property;

3. That you (your mother and siblings) are dependent on him and are residing in one of the properties; and

4. That the balance of convenience and irreparable injury are in your favour if alienation is not restrained.

If the court is satisfied with your prima facie case, it will grant a temporary injunction (stay order) restraining your father and the first wife’s children from transferring or creating any third-party rights in the property until final disposal of the suit. Once such an order is served, any sale or gift made thereafter will be void against the injunction and can be set aside later.

Simultaneously, you may file a complaint with the jurisdictional police under Section 97 or 98 of the Code of Criminal Procedure if your father has been taken away or confined against his will. If you believe he is being kept under unlawful control or psychological coercion, request police intervention and medical examination of his mental and physical condition. If needed, you can also approach the District Legal Services Authority (DLSA) for free legal assistance and immediate protection orders, as they handle elder abuse and domestic coercion matters.

Further, if there is a possibility of forgery, manipulation, or misuse of your father’s signatures, you may submit a written representation to the Sub-Registrar Office of your locality, enclosing his age proof and a copy of your legal notice, requesting that the registrar be cautious in registering any future deed involving your father without proper verification of his physical and mental capacity. Though not a formal stay, such notice often prevents hasty registration.

If your father’s mental or physical condition has significantly deteriorated, you can explore guardianship proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or under the Mental Healthcare Act, 2017, asking the court to appoint a legal guardian or custodian for managing his affairs to prevent exploitation.

In the long term, if you can establish that the first wife’s children obtained the earlier gift deed by fraud or undue influence, you can file a separate suit for declaration and cancellation of that deed under Section 31 of the Specific Relief Act, 1963. The limitation period is three years from the date you became aware of the transaction.

To summarise:

1. The property your father received from his mother and grandmother is his self-acquired property, and his children cannot claim partition during his lifetime.

2. You can, however, protect the property from wrongful transfer by filing a civil suit for injunction and obtaining a temporary stay order against alienation, showing undue influence and coercion.

3. If any transfer has already occurred through coercion, you can later seek cancellation of such deed through a separate declaration suit.

4. You may also take parallel steps through police and legal services authorities to ensure his safety and to prevent manipulation by others.

If your father inherited property through his mother (not father), it is not ancestral but self-acquired; only property inherited through four male generations is “ancestral” under Hindu law. Children cannot demand partition of self-acquired properties unless willed or gifted to them. For urgent relief, approach civil court for injunction to stop further sale/transfer.

The property your father received from his mother and the ones he later purchased are legally his self-acquired properties, not ancestral. Therefore, he has full rights to sell or gift them during his lifetime. However, since your mother’s marriage occurred while his first wife was alive, it’s void under Hindu law- but you and your siblings are legitimate and can claim a share only after his death. To stop the current sale or transfer, you should file a civil suit for a temporary injunction under Order 39 Rules 1 & 2 CPC, requesting the court to restrain your father and others from selling or gifting the property. You may also file an objection with the Sub-Registrar’s office to prevent registration. Legal costs may range from ₹30,000- ₹1 lakh, and injunction orders are usually granted within a few weeks.

The last written Will shall prevail, whether registered or not.

The last unregistered WILL is the valid one, provided two witnesses have subscribed to the WILL.

The last Will alone shall be enforceable in law.

The other Wills will be considered as invalid and cancelled upon creating a new Will.

Latest un registered will supersedes earlier will 

The latest will, even if unregistered, will be applicable after your father’s lifetime; provided it is duly signed and attested by two witnesses. Registration is not mandatory for validity; it only strengthens proof. The most recent will automatically cancels all earlier wills, including registered ones, unless proven to be made under undue influence or without sound mind.

All will willl be applicable if he has kept it operating and not mentioned that in his last will. Generally the last will is always applicable and operational 

Property inherited from your father's mother is considered self-acquired, not ancestral, under Hindu law; children cannot seek partition unless the father gifts or wills it to them. The newest valid will—whether registered or unregistered—applies; what matters is the latest, genuine, and legally executed will, not registration status. For urgent relief against property transfer, file an injunction suit in civil court.

this property is not an ancestral property as per information given by you. it is self acquired property of your father now and nobody except your father have right title or interest in the properties till he survived. so it is upto your father who is owner of the properties to use or sell or gift those properties and to whom.

last Will shall be prevailed.

Dear Client,
Property inherited by your father from his mother does not become ancestral property in his hands; it remains his self-acquired property, even if that property originally came down from earlier generations. Under Hindu law, ancestral property rights arise only when the property passes from a male ancestor to his son, grandson, and great-grandson in an unbroken male lineage. Since the land came to your father through his mother, it breaks the male-line descent and therefore does not create coparcenary rights for you or other children. Further, the properties your father later purchased from the income of that land are also his self-acquired assets, unless he clearly blended them into the family pool or executed a document declaring them to be joint family property. Therefore, children cannot claim automatic partition over such properties during the father’s lifetime; they may only seek rights after his death, and that too according to his Will or intestate succession rules, not as coparceners.
I hope this answer helps. For any more queries, do not hesitate to contact us.

Your situation involves several interconnected legal aspects — property succession, release deed validity, POA execution from abroad, and limitation period for future disputes. Let’s go point by point, clearly and practically, so you can proceed confidently and safeguard your ownership.

1. Background Recap (for clarity)

You purchased a resale flat two years ago.
One of the co-owners (husband) had died before the sale.
You executed a release deed with the wife (co-owner) and their two sons — believing them to be all legal heirs.
However, recently you learned there was also a married daughter who had died earlier, leaving behind one daughter (granddaughter), who was a minor (16) at the time of sale but is now 18.
The grandmother (seller) and her two sons now live in Canada, and the grandmother proposes that she will give a Special Power of Attorney (POA) to her son-in-law (the father of the granddaughter), and the granddaughter (now adult) will execute a Release Deed in favour of the grandmother (seller), represented by her son-in-law through POA.

2. Is this proposed method legally possible?

Yes — in principle, this can be legally done if and only if all the following conditions are met correctly:

A. Granddaughter’s legal right
Since her mother (the deceased daughter) was a Class I heir of the deceased co-owner (the husband), her minor daughter inherited her mother’s share. So yes, the granddaughter legally owns an undivided share in that property.

B. Release Deed execution
Now that the granddaughter is major (18+), she can voluntarily execute a Release Deed relinquishing her inherited rights.
Releasor: Granddaughter (holding undivided share).
Releasee: Grandmother (seller / co-owner).
That is perfectly valid. The deed should clearly state that:
“The Releasor, having attained majority, of her own free will and without any coercion or consideration, hereby releases her undivided right, title, and interest in the property in favour of the Releasee.”

C. Power of Attorney (POA) from Canada
Since the grandmother is in Canada and not travelling to India, she can execute a Special Power of Attorney in favour of her son-in-law authorizing him to sign and register documents, represent her before the Sub-Registrar, and accept the released rights on her behalf.

However, note:

• The POA must be notarized in Canada and then apostilled (under the Hague Convention, since both India and Canada are signatories), or alternatively, it must be attested by the Indian Consulate there.

• Once received in India, it must be adjudicated (stamped) at the Collector of Stamps office before use.

Once that is done, the POA becomes legally valid in India for registering the Release Deed at the Thane Sub-Registrar Office.

3. Does the son-in-law also have a share?

No — he does not. The son-in-law is not a Class I heir of the deceased co-owner; his wife (the deceased daughter) was. Therefore, he holds no independent right or title in the property. His role here is purely representative of the grandmother via POA. Hence, he does not need to execute any release deed.

4. Do you need to amend your original Sale Deed?

Usually, no — if the new Release Deed is properly executed and registered, that document itself cures the title.
However, you should get a title report or legal opinion from a local property lawyer after registration, and if advised, record a supplementary deed or rectification deed (minimal stamp duty, usually ₹100–₹500) referencing this new Release Deed, linking it to your Sale Deed for clarity in future.
So, in most cases, no new stamp duty is payable on your original sale deed — only on the release deed.

5. Stamp duty and registration cost

For the Release Deed:
In Maharashtra, the stamp duty for a release of property in favour of a family member (within close blood relations) is ₹200, plus 1% registration fee (subject to caps).
However, since the property is already sold to you, this is technically being done to regularize past ownership — so confirm with the Sub-Registrar whether it will be treated as a family release or as a normal release (in which case, market-value duty could apply).

6. Legal precautions to safeguard yourself

Here’s what you must do to protect your title permanently:

1. Get a detailed title opinion from a local property lawyer after showing him all documents (original sale deed, release deed draft, death certificates, POA draft).

2. Ensure proper POA attestation (Consulate / Apostille + adjudication in India).

3. Ensure the Release Deed is registered in the same Sub-Registrar Office as your original sale deed (Thane).

4. Keep all notarized copies and acknowledgments of communication with the seller for your record.

5. Once registered, obtain certified copies of the Release Deed and updated Index II entries.

7. Can you sue the seller for hiding material facts?

Yes — technically, you can.
This is a case of misrepresentation and suppression of material fact under Section 17 of the Indian Contract Act, 1872 and Section 55 of the Transfer of Property Act, 1882 (duty of seller to disclose material defects in title).
However, practically, since the seller is in Canada and elderly, and since she is now cooperating to cure the title, it may be better to document everything properly and avoid litigation, unless she fails to execute the POA or release deed properly.

8. Will the title automatically become clear after 3 years (limitation)?

No — not automatically.
While the limitation period to challenge a property transfer (for fraud, etc.) is generally three years from the date the cause of action arises, since the granddaughter was a minor at the time, the limitation clock started only when she attained majority — i.e., now that she turned 18.
So she technically has three more years (until she turns 21) to challenge the sale, unless she executes the Release Deed before that.
Hence, it is crucial to get the Release Deed executed and registered immediately — that will completely cure the title and eliminate this risk.

Final Practical Summary

The granddaughter’s inherited share is valid, and she can release it now that she is 18. The release deed via POA is legally permissible if properly attested and registered. You don’t usually need to amend your sale deed. Stamp duty will depend on whether the Sub-Registrar treats it as a family release. The seller’s concealment could be actionable, but resolving this amicably through proper documentation is the best course. Once the release deed is registered, your title will be secure.