Can son reclaim the ancestral property sold by father
Sivakumar
(Querist) 21 May 2016
This query is : Resolved
Sivakumar. E, Age:30 Place: Sengottai (Tirunelveli) Tamilnadu.My ancestors property (Grandfather's father's) was sold to an outsider in 2000 by my father when I was 14 years old. Hesigned on behalf of me without my knowledge. Then we( my mother, elder sister and me) shifted to Kerala later to Chennai. He died in Chennai in 2013. Last month I met my relatives and they informed about the property. I have collected the survey number and EC. The buyer sold the property in 2007. My father sold the property of 71 cents for 20000 for his debt (without the knowledge of family). My sister is unmarried and converted into Christian. Iwant the property. Can I get my ancestors property back? Kindly guide me the legal possibilities and procedures..
Sivakumar
(Querist) 21 May 2016
Sivakumar. E, Age:30 Place: Sengottai (Tirunelveli) Tamilnadu.My ancestors property (Grandfather's father's) was sold to an outsider in 2000 by my father when I was 14 years old. Hesigned on behalf of me without my knowledge. Then we( my mother, elder sister and me) shifted to Kerala later to Chennai. He died in Chennai in 2013. Last month I met my relatives and they informed about the property. I have collected the survey number and EC. The buyer sold the property in 2007. My father sold the property of 71 cents for 20000 for his debt (without the knowledge of family). My sister is unmarried and converted into Christian. Iwant the property. Can I get my ancestors property back? Kindly guide me the legal possibilities and procedures..
J K Agrawal
(Expert) 21 May 2016
Dear Mr Sivakumar.
If property sold for bonafide necessity of family the sale can not be challenged but if sold for wast and damage, it can be challenged with in 12 years of attaining Majority.
In both cases it is now time barred.
P. Venu
(Expert) 21 May 2016
How i it that the property is ancestral?
Kumar Doab
(Expert) 21 May 2016
Pls revert to the point raised by Expert Mr. Venu.
Rajendra K Goyal
(Expert) 21 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/rights-of-minor-son-in-ancestral-property-599851.asp
RAVI K GOUD
(Expert) 22 May 2016
How the property is devolved by testate or intestate.
If it is a testate property on your name then your father has no right to sell the property. In this type he can sell with permission of the court as natural guardian.
If it is a intestate property which is devolved by inheritance then your father can sell it for your family needs.
So go through the documents if any carefully.
Sivakumar
(Querist) 22 May 2016
If it is a intestate property which is devolved by inheritance then,
Can father sell it not for family needs? Can father sell it for waste and damages? The property sold without family knowledge 3/10/2000
After three or four months we are shifted to Kerala ( mother's native). Later we came to know that he already sold. Our family becomes address less. My sister went to Christian ministry in Kerala kochi.
Sivakumar
(Querist) 22 May 2016
Any deadline for recover sold ancestral property? If any, is there concession on time?
T. Kalaiselvan, Advocate
(Expert) 24 May 2016
If at all it was ancestral property (I have my own doubt about it with reference to the given situation), if your father sold the property involving minor interest, i.e., your interest during your minority age, then you had rights to claim your share within three years from the date of becoming major by age or from the date of knowledge about it after becoming major.
See what is your position and whether you can still claim your share.
Sivakumar
(Querist) 24 May 2016
I came to know about property last month only. I got the survey number and E.C. Now I am 30years and 1month old. I was in kerala about 7 years and in Chennai about 9 years. last 16 years I never visit my native place and I didn't know about property. we didn't renew our ration card for last 16 years. Is it OK for claim the property.
Dr J C Vashista
(Expert) 25 May 2016
The sale transaction could have been challenged within 3 years of attaining your majority. Now it is barred by limitation.
You did not reply the question of expert, how did you say it is your inherited property.
Sivakumar
(Querist) 25 May 2016
"if your father sold the property involving minor interest, i.e., your interest during your minority age, then you had rights to claim your share within THREE YEARS from the date of becoming major by age or from the DATE OF KNOWLEDGE about it after becoming major."
Last month only I came to know about the property. Sir so I have time to claim.
Grandfather's father to grandfather, grandfather shared to his sons including my father. My father sold the property when I was 14. Inherited property.
T. Kalaiselvan, Advocate
(Expert) 27 May 2016
The meaning of ancestral property means:
A property to qualify as ancestral property it must be originally purchased by the fourth male lineage i.e great grand father, coupled with the fact that the property remained undivided till the fourth generation upwards.If the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.
In your case the property in the hands of your grandfather was duly partitioned by him among his children and hence due to the break in continuity of intestacy in your father's generation, the character of ancestral extinguishes in that place. This explains that since this is not ancestral property to you, probably you are travelling under a misconception or wrong guidance still believing it to be ancestral property, moreover since you were not near the property for so many years, you cannot claim your innocence about it now especially to a property in which you had no interest till this date.
In my opinion you may pursue a losing legal battle if you are still adamant to follow this issue because basically it is not maintainable. I had expressed my opinion in my first reply itself that I have my own doubts that this property is of ancestral nature.
