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Anchestor Property

(Querist) 31 March 2011 This query is : Resolved 
Hi,
This is regarding Grand Father's property issue. My Grand Father has property in Village, (Ghazipur District, Uttar Pradesh). He has two son and two daughter.
After his death, his property was distributed among two son. My father being one of them. We are three brothers. My father and Elder brother together sold the property without concerning two brothers.

Can we approach legally against father and elder brother? Currently we are settled in hyderabad.

1) Can we cancel the sale deed
2) If yes, where can we file the case in hyderabad or in uttar pradesh (ghazipur district)
3) Within how many days we need to file the case.
4) List of civil lawyers in ghazipur will be helpful.

Please help us. We want to get back our property.

Thanks and Regards,
Yeshwant Gupta.
M.Sheik Mohammed Ali (Expert) 31 March 2011
where your assets located there only suit a civil case, when did the property transfer ?
then you can file a suit against sale deed its not invalid sale deed.
Advocate Bhartesh goyal (Expert) 31 March 2011
No,you have no right over the property as said property is not ancestral.After partition of property the same was indivisual /self acquired property of your father and he got all the rights of ownership including to sell the property.
R.Ramachandran (Expert) 01 April 2011
Dear Yashwant,
since you say that the property was partitioned only between your father and your uncle (and not your aunts) after the death of your grand father, it gives an impression that the property was 'ancestral', and your father inherited his share in the 'ancestral property'.
If that be so, then they do not have any right to dispose of the same without your consent.
You have to challenge the 'sale deed'. for this you have to consult and engage an experienced local lawyer in your locality. You only have to go to your locality and ascertain about the lawyer.
Ravikant Soni (Expert) 01 April 2011
I agree with Mr Bhartesh goyal.
Ravikant Soni (Expert) 01 April 2011
Your father become sole owner of property when it was distributed between your father and uncle. It is not an ancestral property. so you have no right to sue..
R.Ramachandran (Expert) 01 April 2011
I do not agree with the views of Mr. Ravikant. Just because a property was distributed does not in itself go to prove that the property is personal property of the person who gets it in partition. On the contrary, even an ancestral property when partitioned will continue to retain its 'ancestral' character. What is important is to determine whether the property was 'ancestral' in nature or not. In the instant case, if it had not been ancestral property, then the property would have gone in equal share to all the legal heirs (instead of only to two male members in the family), unless the other members had relinquished their respective rights in the property in favour of the two male members in question.
Yeshwant (Querist) 02 April 2011
Thank you very much for the valuable advise. I am totally satisified with R. Ramachandran reply. Can i get any lawyer reference in ghazipur (uttar pradesh) civil court.

Thanks in advance. :)
Yeshwant (Querist) 15 August 2011
HI,

What is the procedure for taking statement( in hindi GAWAHI).
Like bond papers, witness required etc..,

Thanks in Advance.


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