Selling of ancestral property
soham sanyal
(Querist) 04 April 2014
This query is : Resolved
Hi,
I am from hindu family. My grandmother has some land (both agricultural and nonagricultural) in her name (registered in 1992) as ancestral property. She has two children - my mother and my maternal uncle. Now, in 2011 my maternal uncle sold some portion of that land by creating force on my grandmother when she was 80 years old. We came to know this fact after her death on 2013.
Are we able to claim the money that my maternal uncle received from the sold property? If yes, then what should be the percentage?
I will be highly obliged to you for the answers.
T. Kalaiselvan, Advocate
(Expert) 04 April 2014
If the property was sold during the life time of your grandmother, there are less chances to prove that the same was sold by cheating etc. What about the other remaining property?, has it been partitioned or not?, if not ask your mother to file a partition suit through a lawyer before the court of law demanding her share and separate possession of the same.
Dr J C Vashista
(Expert) 05 April 2014
Since your grandmother is alive and has not partitioned her self-acquired property your mama has no right to sell, challange the transaction through your (local) lawyer, if she (your grandmother) wants so.
Rajendra K Goyal
(Expert) 05 April 2014
Agree with the expert T. Kalaiselvan, Advocate, for property sold out during life time of your grand mother, your mother has no claim.
Anirudh
(Expert) 05 April 2014
The property owned by your grandmother is not 'ancestral property'. A property owned by a female can never be an ancestral property.
As the property was in your grand mother's name, if any fraud etc., has been committed by your uncle, it is only your grand mother being an aggrieved party who can make any complaint and seek cancellation of the sale deed.
Therefore, nobody (including your mother) can claim any share.
Guest
(Expert) 05 April 2014
Since your grand mother is no more now you can not make any dispute or complaint about the property which had been sold out during her life time.If any other property is there apply for encumberrance certificate from Registrar Office and protect your interest.
