About ancestral property

This query is : Resolved 
 

(Querist)
16 May 2018

Hello sir,
My father was drunkard and sold ancestral property of 53 gunthas in 2006 without consent of my mother, my 2 sisters and me..
All of us 3 were minor..And my mother was unable to approach court because of financial problems..
In fact my mother had filed case in 2003 itself to get share of us.. but couldn't continue as we were threatened by man who took property from my father..
Can I file case after so many years and reclaim my property...


Kumar Doab (Expert)
16 May 2018


Are you all Hindu?
Have you checked that the property was indeed ancestral (pushtaini)?
When did you i.e. eldest child and then second so on till youngest child attain majority?
Did your mother inform police and court about said threatening?

Ms.Usha Kapoor (Expert)
17 May 2018

Unless Mr.Kumar Doab's questions are satisfactorily answered I'm afraid I cxan't give a proper reply.

Ms.Usha Kapoor (Expert)
17 May 2018

Unless Mr.Kumar Doab's questions are satisfactorily answered I'm afraid I cxan't give a proper reply.

Kumar Doab (Expert)
17 May 2018

Ms. Usha Kapoor has waited enough and may post proper reply.

Kumar Doab (Expert)
17 May 2018

Believing that you are all Hindu.

Ancestral Property; that is four generation old or in other words…property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.



So If the property is not ancestral and is self earned/acquired your father can dispose IT in his life time..in anyone's favor..by a valid/registered deed..

Your mother had a right to ask for right to residence from the husband and maintenance for self and children..marriage expenses for daughters...

P. Venu (Expert)
17 May 2018

How is that the property is ancestral.


First of all ascertain if this was an ancestral property by consulting a local advocate with all relevant property documents.
If it is not then do not initiate any action because your father is not bound to seek anyone's consent or permission to sell his own and absolute property
If you confirm that this is ancestral property then you may file a partition suit seeking your share out of your father's share in the property and separate possession.
There is no time limit for partition suit.



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