• Sale of ancestral land and reclaim by the heirs after 07 yrs

I purchased a property which was an ancestral property, belonging to my grand father and partitioned between my father and uncle-1 and uncle-2 in 2002. In the same year uncle-1 sells his share to uncle-2 without the signatures of his heirs (in sale deed). 
In 2007 uncle-2 sells it me (without the signatures of his heirs), but with full knowledge of all the heirs as we are all brothers (my father and my uncles). 
Now in 2014, the son of uncle-2 has filed a case in the court, where he has stated that his father has sold it without his knowledge and he wants to reclaim it. 
My uncle-2 and his son have now conspired to reclaim the land with malicious intent by fraudulent means.
What is the merit of the case. I purchased it through a sale deed in 2007 and in 2014 my cousin brother who is a wayward person not working and earning any money and is still supported by his father (who sold it to me), now aged 36, has filed a case.
I want to know if the claim of my cousin brother is legally valid, as he staking claim after 07 yrs of sale of the property and the ancestral property was partitioned amongst my father and uncles and then sold to me.
Kindly advise me as to how to legally argue my right and prove that the father and the son have conspired to reclaim it.
Asked 4 years ago in Property Law from Erode, Tamil Nadu
1) what basis you say property is ancestral ? merely because it was owned by your grand father does not make it ancestral . 

2) was deed of partition made in writing  in 2002  ? was it duly stamped and registered? 

3) did your grand  father die intestate? 

4) was the sale deed in 2002 made by uncle no 1 to uncle 2 duly stamped and registered ? 

5) if the property was self acquired property of your grand father and on his death each legal heir ie your father and 2 uncle partitioned property by Partition deed each legal heir would be absolute owner of his share . 

6) sale by 2nd uncle to you by duly stamped and registered sale deed would make you absolute owner of the property.

7) claim made by 2nd uncle son would be devoid of merits .

8) contact a local lawyer . the averments  made in the suit filed by 2nd uncle son has to be seen to advice further
Ajay Sethi
Advocate, Mumbai
45755 Answers
2693 Consultations

5.0 on 5.0

The son of uncle 2 must have filed the case against his father who is required to file his written statement.See what stand he takes in his WS if he says that consent was taken then it will support you. you may take plea of limitation and consent was obtained by father at the time of execution of transfer documents and that they have conspired for obliques motives.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

You have a very strong case in your favour, since the property was a self acquired property of your grand father who died intestate leaving your father and 2 uncles.  When the duly stamped & registered partition deed was effected between your father and two uncles, each legal heir would be the Absolute Owner of his share in the property and sale by 2nd uncle to you by duly stamped and registered sale deed would make you the Absolute Owner of the property.  Since the sale and registration of the property was done way back in 2007 and the case is filed by your cousin now in 2014 is time barred and warrants application of limitation act and based on the foregoing there is no merit in the claim made by your 2nd uncle's son.
Shashidhar S. Sastry
Advocate, Bangalore
1638 Answers
107 Consultations

5.0 on 5.0

1) it is NOT ANCESTRAL PROPERTY but self acquired property of your grand father 

2) on his death in 1977 each legal heir would have 1/3rd share in property . The deed of partition was made duly stamped and registered 
as such your father and uncles became absolute owners of their share in property .

3)since your 1st uncle sold property to your 2nd uncle by duly stamped and regd sale deed subsequent sale by 2nd uncle to you would make you absolute owner of property . 

4) consent of 2nd owner son was not necessary for sale of property 

5) you have strong case on merits .
Ajay Sethi
Advocate, Mumbai
45755 Answers
2693 Consultations

5.0 on 5.0

1. Why did you call it ancestral property? It is tye self acquired property of your grandfather,

2.After the demise of your Grandfather, the partition deed executed and registered by your father and Uncles are perfectly valid & they became the absoloue owners of their partitioned portions of the propety,

3. All subsequent sales of hose partitioned portions of the said property are perfectly valid,

4.There is no merit in the case filed by our Uncle's son.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

A. This is your grandfather self acquired property and Uncle's son ancestral property.

B. Origin of property to your uncle and father is completely not self acquired. 

C. After the death of your grandfather without make will that all are entitled to get 1/3 share over the property.

D. Your uncle is entitled to dispose their portion i.e., 1/3 share to anybody.

E. Now the question of Minor i.e, your uncle's son: since your uncle was the khartha ( Chief )of their family and he was representing minor interest as a natural guardian at the time of Sell is completely sufficient to sale the property.

  But this sale should be a benefit of the Minor Children

F. Your uncle's son had to question within 3 years from the date of majority. If this prescribed time period barred by limitation.
B.T. Ravi
Advocate, Bangalore
833 Answers
57 Consultations

5.0 on 5.0

1. This property cannot by any method of legal interpretation be called ancestral property. It is a property owned by your grand father, so it is his self acquired property.

2. Since your grand father died without making a will in 1977 all his heirs succeeded equally to his property after his death. To put it succinctly, your father and his two brothers became owners of 1/3rd share each in the property of your deceased grand father after the same was partitioned in 2002. 

3. You are now the owner of this property as the second uncle sold through a registered sale deed the property which he had himself purchased from your first uncle. Hence, you are the absolute owner of this property with all the legal rights.

4. You have a legally insurmountable case in so far as your ownership to the property is absolute and without any blemish.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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