Right of grandson on grandfathers property
Ankit Singh
(Querist) 18 August 2013
This query is : Resolved
Sir,
My father is no more.My grandfather has a ancestral property. He sold the property without informing me being a grandson.Can he Do so ???
Please Reply.
Thank You
M.Sheik Mohammed Ali
(Expert) 18 August 2013
can't do, when you get your knowledge for the sale ? if morethan 12 years you could not claim
Ankit Singh
(Querist) 18 August 2013
Thank You Sir for you guidance
he sold the property a few days back.
please guide for further course of action that how shall i go about it .
prabhakar singh
(Expert) 18 August 2013
as is the querist so is the expert.
please state facts in detail to know remedies or depend on honolulu morabbaas!
Choice is yours'.
Ankit Singh
(Querist) 18 August 2013
Sir,
My father is no more.My grandfather has a property which is not earned by him.This is the transferred property to him by his father He sold the property few days ago without informing me being a grandson.Can he Do so ?
Is the sale of property made by grandfather is valid or void?
Please Reply.
Thank You
Raj Kumar Makkad
(Expert) 18 August 2013
You shall have to tell whether the property was ancestral in his hands or was just acquired by his father.
If the property was ancestral in his hands, you can definitely get the sale set aside otherwise the sale is valid.
Ankit Singh
(Querist) 18 August 2013
@raj kumar makkad
Sir,
The property was transferred to my grandfather from his father.i.e., inherited property .
Is the sale is valid?
Dr V. Nageswara Rao
(Expert) 19 August 2013
Was there a property settlement deed? Did you grandfather have brothers? Is your grandfather alive?
prabhakar singh
(Expert) 19 August 2013
Okay ! one thing understood that this property was not earned by your grandfather
but it came in his hands by TRANSFER of his father.
But you have not told the mode of TRANSFER?
That was also necessary to know.If the property originally belonged to your great grandfather and he transferred it to your grandfather by any GIFT or WILL DEED then YOU HAVE NO SHARE IN IT.
BUT IN CASE YOUR GREAT GRANDFATHER DIED INTESTATE AND PROPERTY CAME IN YOUR GRANDFATHER'S HAND BY VIRTUE OF HINDU SUCCESSION LAW,YOU HAVE 1/2 SHARE IF YOU AND YOUR GRANDMOTHER ARE ONLY TWO AS A FAMILY OTHERWISE TO CALCULATE YOUR SHARE PEDIGREE(GENEALOGY)OF YOUR FAMILY WOULD BE THE NEED.
AS REMEDY YOU CAN FILE A CIVIL LAW SUIT OF INJUNCTION AND CANCELLATION OF A SALE DEED DECLARING THE SAME VOID AND UNENFORCEABLE WITH RESPECT TO YOUR SHARE IN THE PROPERTY IN QUESTION.
DESPITE MY WARNING YOU FAILED TO FEED FACTS
SO EVERYTHING WRITTEN IN ANTICIPATION.
Visit a nearby civil law lawyer soon.
ajay sethi
(Expert) 19 August 2013
answer queries raised by experts
M V Gupta
(Expert) 19 August 2013
I agree with the opinion of Mr. Prabhakar singh.
Raj Kumar Makkad
(Expert) 19 August 2013
Stil many questions remain unanswered. You need to get the mode of transfer to your grand father and the source of acquisition of that property by your great grand father.
Ankit Singh
(Querist) 19 August 2013
Thanks all the experts for your valuable opinions
sir
the property was transferred to my grandfather by virtue of Hindu Succession Law
and the property was originally earned by my great-grandfather.
