• Can ancestor land sold once be reclaimed?

By 1980 my grand father's mother received a ancestor land legally by law after her brother expired . Around 1983 my grand father's brother sold the entire land without sharing it . Now the land was transferred to more than four . But it was sold illegally without any signature from by grand father as well as my father .what I need to do now . Tks Kamalesh from Chennai .
Asked 1 month ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1) if your grand father brother ahs sold any land illegally your grand father should have file suit in court to set aside sale deed as he had equal share in said land 

2) after 33 years court would not be inclined to grant you any reliefs . 

3) you have to explain the reasons for delay in moving court for 33 years 
Ajay Sethi
Advocate, Mumbai
23296 Answers
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1) you can take the plea that fraud was discovered only recently 

2) that your grad mother being illiterate was not aware about sale of land 

3) contact a local lawyer and file suit to set aside sale deed 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1.The said alleged event took place more than 12 years ago.

2. So, you can not stake your claim now before the Court by filing a suit since the cause of action has already long passed the limitation period.

3. You can file the suit if and only if you can prove that you came to know about the illegal act only recently and that  you had no scope to know about the said event which was suppressed from you.
Krishna Kishore Ganguly
Advocate, Kolkata
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1. If you admit that your grandmother had recently told you then the Court will say that at least one of the legal heirs of  your grandfather knew about the incidence for which he matter will become time barred.

2. Since your father is the legal heir of your grandfather (if he is dead), then your father and if he is no more then his legal heirs can claim that you recently came to know from the occupants, whom you considered so long as tenants ( or labourers,  as the case may be), that the  said property has been sold to hem illegally by the brothers of your father.

3. Once the suit is admitted by the Court, you have a very fare chance to win it.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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