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mahendiran (financial controller)     14 May 2015

Ancestal property sold by my father without my concern

 my father has sold our ancestal propery without my concerrn/knowlege since i am out of station due to my employment when i am at the age of 40 in 2008

  is it valid ?

can i file suit against the buyer

 



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 5 Replies

bsrao   15 May 2015

How do you know it is ancestral property? And what were you doing all these days? Is your father alive?

You can sue your father and the buyer but you need a real strong case.

advocate nitin kumar (lawyer)     15 May 2015

your father has full right to sell the ancestrol property to any one he likes, if he has the property registered in his name.

but according to the indian succession act the father can not sell the total property if his son/s are alive.

and he can only sell if the property is registered in his name.

 

consult a good property law expert if you want to file any suit

hope that helped

g.prem (properitor)     16 May 2015

dear sir ancestal property my father got one house in chenni he got 2 wife

we are 1st wife son mymother was died in 1963 after that got married

after 3 years we are four becuase we are very small in 1970 my father

saley was only rs500.00 in 2 nd wife he got 2 childerens my father was

unable to buy application cost total 105 .00 on that rs 5 per application&rs100.00

for registertation @that time my fathe sister husbend give that rs105.00

after that he has make rs 4000.00as intial deposit he sold my grandfathergiven

jewels&my mother jewels after that he has cleared housingboard loan by 1986

after that without our knowledge he has changed is 2nd wife as seetlement dead

after that my father was expired in 2009 december8th after that  my 2nd mother

changed to his son we dont have any knowledge because we all left home

by 1980 now my grand father provinded a will he mentioned very clearely

that we will have with us already i have sent one legal notice they have send reply

saying it is purely selfearned property but we have thank to the adv after that

we have workd we got the will &my father has sold lands given my grand father

that doucments also we have received kindly give me openion whether we can file a case 

pelase give me feed back and how  i can see your reply please do the needful

regards

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

@Mahindran:  What is the confirmation about the property to be in ancestral in nature, merely it wasyour grandfather's property will not confer ancestral title to it.If you say that he had sold it in the year 2008 what made you to not to claim it so far?, whether you had taken any step in this regard?, however if you confrm that this is ancestral property, as a son of your father, you have a share out of his share in the property hence you can file a partition suit now also seeking your share in it and can even seek declaration of  the sale deed as null and void insofar as your share in the property sold without your consent, consult a local lawyer and proceed as per his further advise.

T. Kalaiselvan, Advocate (Advocate)     17 May 2015

@Prem:  Firstly when you want some clarification/opinion to your problem, you should use your own thread, you cannot access other's thread for posting your query.  Your query seems to be very confusing because you are not able to express or explain things properly, it is better to consult a local lawyer with full details and papers/documents to get proper opinion to your issues. 


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