• Question on ancestral land

I bought an agriculture land 2 years back with proper registry for investment purpose in Rajasthan. Its an ancestral land. As per the records it is showing against my name. Now the rates got increased in the area and i got a news that the person's son & daughter are planning to file a case, as this is the ancestral land and they also have the right on the land. Even though both  has no objection while i purchase the land and they were well informed. My question is that are they eligible to file a legal case and how to avoid legal dispute.
Second question is that what is the proper way of buying an ancestral land, if they have legal hiers. For example Mr A has a piece of land and he has two sons B & C and further B & C has two daughter D& E. Do we need to take confirmation from each person in the hierarchy and if one has to do, what is the legal way to do that.
Asked 6 months ago in Property Law from Jhunjhunu, Rajasthan
Religion: Hindu
1) if it is ancestral land consent of son and daughter was necessary for sale of the land 

2)if they have not been party to the sale deed and they were minor at time of execution of sale deed they can on attaining majority within period of 3 years challenge the sale 

3) if the D and E were minor at time of sale permission from court was necessary to sell their share in land 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. You cannot stop a person from filing a lawsuit but you can contest it in defence. Since you have an apprehension that a lawsuit by them is on the cards you may file a caveat to preempt passing of an adverse order by the court against you. They can impeach your title only if they can prove the ancestral title of the property. 

2. The proper way to buy an agricultural land is to buy it only if all the coparceners sign the sale deed 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
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Check the property is ancestral land ?

What is ancestral property ?
 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, where inheritance opens only on the death of the owner. The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.

 What is not ancestral property ? 
Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

In the case of transaction of Ancestral property  all the legal heirs must be the party in sale deed. 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
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Now the rates got increased in the area and i got a news that the person's son & daughter are planning to file a case, as this is the ancestral land and they also have the right on the land. Even though both  has no objection while i purchase the land and they were well informed. My question is that are they eligible to file a legal case and how to avoid legal dispute.

The menace of subsequent litigation by the wards of vendor on one or the other flimsy reason are very common these days.
Let them come with their claim and put forth the grounds for making their pleadings. 
They have to make their father as a first defendant and you as the 2nd. 
Let your vendor answer their complaint made in the plaint as per the actual position and legal aspect.
You cannot avoid a legal dispute if they set a case in motion.
You have to defend yourself as a genuine purchaser.
Do you have a legal opinion by any lawyer before purchasing the property, if so produce that as an evidence to defend your case. 





Mr A has a piece of land and he has two sons B & C and further B & C has two daughter D& E. Do we need to take confirmation from each person in the hierarchy and if one has to do, what is the legal way to do that.

As per your contention the matter mentioned by you does not fall under ancestral category. Hence the sale by vendor has to be ascertained before purchasing to confirm whether he has marketable title to the property.  
This can be confirmed by obtaining a proper legal opinion from an experienced lawyer in the local. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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1)it is for legal heirs to move court and challenge sake deed executed in your favour 

2) as on date you are bonafide purchaser of value and absolute owner of land 

3)after your building plans are sanctioned you can carry on construction 

4) if any suit is filed by them consent terms can be filed wherein you pay them X amount of money and they agree to execute sale deed in your favour for their share in land 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
If you have a registered sale deed in your favor then you need not worry about other aspects namely a subsequent claim by the so called heirs etc. 
If at all they have any claim towards the property let them file a suit before the court and seek their share, just dont be bothered about this until there is a legal summons from court.
First you start the construction on the purchased land before someone gets an exparte decree restraining you from carrying on the constructions.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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liability does not cover in suicidal case. you should talk with creditor and settle this issue out of any forum/tribunal.
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
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You can commence the construction but it may be stopped if there is a stay order passed by the court. If the seller's heirs execute a confirmation deed in your favour it shall thereafter operate to restrain them from suing you. File a caveat, as I said earlier.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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