(Querist) 14 March 2023
This query is : Resolved
I am under the ST category. My father is dead. All the plot/land was recorded in my grandfather's name and He got that property from his father. Now my grandfather has sold our ancestral property 6 acres out of 9 acres without our consent and the buyer (General category) is also permitted by the sub-collector to illegally. Sir, can I get my share of that property from my grandfather under civil rights law?
(Expert) 14 March 2023
This is a repeated query with just a small change. When your grandfather obtained the property from his father, the property is in his name as per records. So he is the owner of the property and he can do as he thinks. If the property is not in your grandfather's name the sub-collector will not give permission.
T. Kalaiselvan, Advocate
(Expert) 15 March 2023
Your grandfather became an absolute owner of the property that he inherited from his father, hence those property do not fall under the category of ancestral property. If that becomes your grandfather's own and absolute or self acquired property, there there is no embargo or legal infirmity or any illegality for your grandfather to sell his property in favor of the prospective purchaser. You never had any rights in that property since it is not categorized as ancestral property, therefore you cannot claim any share out of those properties. If he has sold the property after obtaining permission from District collector, then he appears to have followed up the procedures which are legally valid hence that cannot be considered as an illegal act. Do not stress yourself for which is not maintainable from your thinking of legal concept. you have been misguided about the definition of ancestral property, hence do not venture into any non maintainable legal action which will result into futile efforts.