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Vasundhara (Proprietor)     05 May 2015

Can legal heir recover a sold property?

Dear Sir,

An ancestral property was sold by father 10 yrs ago without the consent & Knowledge of the legal heirs (who were majors during sale). The legal heirs came to know about the sale only recently & they want the ancestral property earned by their grandfather back. What should be done to recover their commercial property?

 

Thanks in advance!.



Learning

 3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     06 May 2015

Your father is a coparcener for the ancestral property inherited by him and he has a right to sell the property and need not inform his heirs.

T. Kalaiselvan, Advocate (Advocate)     08 May 2015

If it is confirmed that the property was of ancestral nature and the childen of the father or entitled to a share out of the father's share in the property, they can very well file a partition suit claiming their share in the properties that were sold without their consent atleast in respect of the shares they were entitled to. A petition to declare the sale deed as null and void can also be filed alongwith the partition suit, before all these, sit and talk with the father, if he is agreeing to share the sale proceeds among you all, take it as per the mutual agreement and settle the issues amicably. 

1 Like

TGK REDDI (No designation)     11 May 2015

I think Sri Kalaiselvan is right.


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