Ancestral land query
Basant
(Querist) 14 December 2025
This query is : Resolved
Hello everyone,
There is a Hindu ancestral/coparcenary property situated in Haryana, inherited by my maternal grandfather from his father and earlier ancestors. He was acting as the Karta of the joint family.
My maternal grandfather has four children—two sons and two daughters (all married). In December 2022, he transferred the entire ancestral property in favour of his two sons through revenue records/transfer, without the knowledge or consent of the daughters. The daughters were never informed about the transfer, and no legal necessity or family consent existed.
The daughters (my mother and maternal aunt) came to know about this transfer for the first time in September 2025, after which they immediately obtained certified copies of the jamabandi, girdawari, mutation, and other revenue records confirming the transfer.
They now intend to file a civil suit seeking declaration that the transfer is illegal, null and void, and not binding on their coparcenary rights, along with consequential reliefs.
My legal query is:
1. What is the applicable limitation period for filing a suit to challenge and set aside such a transfer of ancestral/coparcenary property by the Karta?
2. Will the limitation period be computed from the date of the transfer/mutation in December 2022, or from the date of knowledge/discovery of the transfer in September 2025, considering that the transfer was made without notice to the daughters?
kavksatyanarayana
(Expert) 14 December 2025
Yes, if a Hindu Undivided Family (HUF) Karta transfers property to only some family members without a valid reason, the other coparceners can challenge the transfer and have the right to file a partition suit to claim their rightful share. Did your grandfather transfer the property through the revenue records? Did the revenue transfer it without any documents?
T. Kalaiselvan, Advocate
(Expert) 15 December 2025
Your maternal grandfather is reported to have inherited the said proeprty from his father. But whether he was the only legal heir/successor in interest to his father? Whether his father transferred his share of property to his son by a registered deed? How was it transferred to his name.
When did your maternal grandfather transfer his property in favor of his sons?
Whether that transfer was by a registered deed?
The property related papers are to be perused to render proper opinion hence you may consult an advocate in the local and proceed
Basant
(Querist) 16 December 2025
Thank you, I just want to ask one thing, if the maternal grandfather transferred the ancestral property as a Karta through a registered transfer deed in the name of sons only, without any consent of the daughter in December 2022, and the daughters came to know about it, in September 2025, when they have taken certified certified copy of the revenue records, From which date the Limitation starts from December 2022 when the transfer of ancestral land happened, or from September 2025, when daughters realized this fact and taken certified copies regarding the same?
T. Kalaiselvan, Advocate
(Expert) 16 December 2025
If this property was under HUF then the daughters are having coparcenary rights, in that case they can file a suit for partition and separate possession of their rightful share and also can get the previous settlement deed executed by the father as invalid
Dr. J C Vashista
(Expert) 19 December 2025
the Karta has the power to alienate joint family property. This is also done only when there is a legal necessity, or for the benefit of the estate, or there is an indispensable duty that needs to be taken care of.
Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
In petitions challenging final judgment and order wherein, the Madras High Court relied on Phoenix ARC (P) Ltd. v. Vishwa Bharati Vidya Mandir, (2022) 5 SCC 345 and dismissed the writ petition challenging sale proceedings of the Recovery Officer, Debt Recovery Tribunal (‘DRT’) under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) on the ground of maintainability, the Division Bench of Sanjiv Khanna and S.V.N. Bhatti cleared the clouds around the entitlement of the Karta of a Hindu Undivided Family regarding right to sell/dispose of/alienate an HUF property. The petitioner’s father was the Karta of the HUF. The petitioner claimed that a property of joint family/ HUF was mortgaged by his father as one of the guarantors. The Court pointed towards the settled position of rights of Karta in relation with the HUF property.
The Court cited Sri Narayan Bal v. Sridhar Sutar, (1996) 8 SCC 54 wherein, it was held that the Karta has the right to sell/dispose of/alienate an HUF property, even if a minor of the family has undivided interest. The Court explained that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
Sri Vijayan.A
(Expert) 20 December 2025
1. Nature of the Transfer – Why It Is Vulnerable
🌷 Under Mitakshara Hindu law (applicable in Haryana), Ancestral property is coparcenary property. Daughters are coparceners by birth (Section 6, Hindu Succession Act, 1956 as amended in 2005)
🌷 The Karta cannot transfer entire ancestral property, without legal necessity, or without benefit of estate or without consent of all coparceners
🌷 A unilateral mutation/transfer in favour of only sons excluding daughters is not void ab initio, but voidable at the instance of the affected coparceners (daughters).
🌷 Therefore, a civil suit for declaration + consequential relief is the correct remedy.
2 Applicable Limitation Period
🌷 By a Hindu governed by Mitakshara law to set aside his father’s alienation of ancestral property, Limitation period is 12 years and the time begins when the alienee takes possession
P. Venu
(Expert) 27 December 2025
" ....................... inherited by my maternal grandfather from his father and earlier ancestors ....." How? Was it through a duly executed partition deed?
Read more at: https://www.lawyersclubindia.com/experts/ancestral-land-query-767691.asp
