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GUNASEKARAN   27 August 2015

Legal right to claim the ansisitral.property

My grandfather earned some property.Before my grandfathers death my grandfather, my father,and his brothers made a settlement in the year 1972. and divided the properties and enjoy the same. My father sold all the property without my knowledge, in the years 1979, 1984 1990.My date of birth is 04/06/1952.at the time of selling i completed my studies and i earned with my possion as an enginer, and spent all my earning only to my family till i got married in the year 1984..and even a single money was spend for my development. All was spent to my sisters develpoment only My three sisters got married in the years 1978,1981,1995...Is there TIME LIMIT AND any legal right to claim the ansisitral.property



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 2 Replies

swathy (nil)     27 August 2015

mr. gunasekaran,

To my undertanding, your  grandfather brought the property out his self earned income, so it is his self accquired property not ancelstral property. Your father acquired the right over the some properties through a settlement deed, here also it is equal to his self acquired property not ancestral property and your father has full rights to sell the property. You cant void the sale made by your father.  

Anand Bali Adv. (Advocate Solicitor & Consultant)     31 August 2015

In your case the family settlement among the father with his own brothers and his father do not make him the absolute owner of his portion of the property as it was earned by your grand father and not by your father, you do have right on this property however as your father has got is sold out and its proceeds have must been spent by him for upbringing of his sons and daughters in their proportion and not individually enjoyed by him. So in this case you can not demand your share from him out of the proceeds of the property. But in case this is not the situation and you were much adult and your consent has not been taken at the time of the sale of the property you can claim your share out of the proceeds of the sale. in this case time limitation is of maximum 12 years from the sale of the property of ancestral nature.but not in the case of absolute property.

Here in your case the property is not inherited by your father from your grand father and your grand father has made a family settelment out of which he has given some of his own earned property to yur father it will become absolute property of your father and he has all rights vested in him for doing any thing of his choice to do with the property and you can not claim out of this property as there is no right left to you of your father's property however out of the Grand father's share of property you can clim your share after his demice if he dies intestate.


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