Hindu undivided property
GANGAM.RAJENDER.
(Querist) 07 March 2014
This query is : Resolved
respected experts,
the property belongs to my grand father after demise of my grandfather my father become the owner of the property at that time i am the minor.
my father alienated the property to the third party.
Q1.MY FATHER HAS ANY RIGHT TO ALIENATE THE PROPERTY TO THIRD PARTY.
Q2.CAN WE APPROACH THE COURT FOR CANCELLATION OF THE SALE DEED WHICH WAS EXECUTED BY MY FATHER AS I AM THE MINOR.
THANK YOU SIR.
Anirudh
(Expert) 07 March 2014
How did your grandfather get the property?
Did he bought it or...?
Dr J C Vashista
(Expert) 08 March 2014
Besides the experts questions, I want to know:-
1. When did you came to know regarding alieniation of the property and you became major?
2. Who is in possession of the property?
3. Whether the property is residential, comercial, industrial or agriculture or any other?
4. Whether your father has any other brother(s) or sister(s)?
5. When the property was alieniated?
6. Does the property fall in lal dora abadi, municipality area or any other?
7. Whether the third party (vendee) has got the transaction/deed mutated?
Advised to engage a local lawyer.
ABDUL RAZIQUE
(Expert) 08 March 2014
There many hidden fact so it is better to you that explain as per Expert Vashista Sir query or engage a local lawyer for go ahead.
malipeddi jaggarao
(Expert) 08 March 2014
Pl.answer the point rised by expert Mr.Aniruddha. Then only one can determine that the property came into the hnads of your father is ancestral or self-acquired, based on which one can guide you properly.
GANGAM.RAJENDER.
(Querist) 08 March 2014
thanks experts,
1.when did you came to know regarding alienation of the property and you became to major?
a. one year back i came to know the fact and i became major 10 years back.
2.who is in possession of the property?
a.that is in dispute pattadhar passbook in favour of my father which was not mutated properly.
3.the property belongs to agriculture land.
4.no brothers and sisters.
5.in the year 1984.
6.panchayat area.
thank you sir
Deekshitulu.V.S.R
(Expert) 08 March 2014
If the property is ancestral, your father has no right to alienate except for a proved family need or purpose or for vyavaharika debts. If that is not there you file a suit for partition of your share
T. Kalaiselvan, Advocate 
(Expert) 08 March 2014
.MY FATHER HAS ANY RIGHT TO ALIENATE THE PROPERTY TO THIRD PARTY.
If it was your grandfather's self acquired property and devolved upon your father on the demise of your grandfather, he has got full rights to dispose the property as per his sweet will and wish, you cannot claim any share in it whether during minority or after that.
Q2.CAN WE APPROACH THE COURT FOR CANCELLATION OF THE SALE DEED WHICH WAS EXECUTED BY MY FATHER AS I AM THE MINOR.
If the above answer is to be accepted then you do not have any case and still if you file one, it will either not be maintainable or will succeed.
malipeddi jaggarao
(Expert) 09 March 2014
Agreed with Expert Shri Kalaiselvan. Grand father's self-acquired property is not ancestral property for grand-son. It will be come self-acquired property of the father though he has no acquired it. Now you have to see whether your grand father's property is self-acquired or devolved on him intestate.
GANGAM.RAJENDER.
(Querist) 09 March 2014
thank you experts T.KALAISELVAN AND MALIPEDDI JAGGARAO GARU.
IF ANY JUDGEMENTS AND SECTIONS RELATING TO GRAND FATHER'S SELF-ACQUIRED PROPERTY IS NOT ANCESTRAL PROPERTY FOR GRAND-SON PLS PROVIDE SIR .
THANK YOU FOR VALUABLE INFORMATION SIR.
T. Kalaiselvan, Advocate
(Expert) 09 March 2014
Please visit the Hindu Succession Act and the amended acts on the subject and understand yourself the provisions regarding the grandchildren' share in their grandfather's self acquired property and ancestral property.
Kumar Doab
(Expert) 09 March 2014
Mr. Kalaiselvan has given valuable advice. Kindly follow it.
You have posted that:
“1.when did you came to know regarding alienation of the property and you became to major?
a. one year back i came to know the fact and i became major 10 years back.”
You may go thru:
Limitation Act: Sec 7, 60……………
Decision by :
Full Bench of the Madras High Court
Madras High Court
Subramanyam vs Venkataraman And Ors. on 22 April, 1971
Equivalent citations: AIR 1972 Mad 3, (1971) 2 MLJ 323
Bench: Sadasivam, V Ramaswami
http://www.indiankanoon.org/doc/1967861/
Madras High Court
Thulasi Ammal vs A.Sivakumar on 21 March, 2012
http://indiankanoon.org/doc/129000394/?type=print
