Claim share from sold sale deed document

Guest (Querist) 27 January 2015 This query is : Resolved
Dear Sir/Madam,
My father obtained 6 acre land by registered partitioned document via his grandfather’s WILL document in the year 1988. He sold 2 acre land in the year 1996 when i was singed the sale document along with my father and my sister ( total 3 persons signed). Again he sold 3 acre land without our sign (my sister and mine) in the year 2011. Now he has remaining 1 acre land only and made it WILL document to my cousin brother. Please provide your valuable opinion for the following.

1. Can i claim 1/3 share in the sold 3 acre land (sold without my sign in the year 2011)?

2. Can i reopen/cancel the registered sale document in the year 2011 because registered without my permission?

3. Is it legally possible/acceptable to sale land without my sign in the registered document?

4. Can i claim 1/3 share my father’s remaining 1 acre land?

Thanks.

Sujatha

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kavksatyanarayana (Expert) 27 January 2015
As the property is an ancestral, you have got share in the property. consult a local lawyer with the particulars.

malipeddi jaggarao (Expert) 28 January 2015
@ Expert Mr.kavksatyanarayana - The father got the property not by inheritance, but a Will bequeathed by his father. This is not ancestral property. It is self-acquired property of the father.

Answers to the query:
1. No
2. No
3. Yes
4. No
As your father got the property by way Will from his father it is to be treated self-acquired property of your father. He has every right to deal with it and nobody can claim any rights over it during his life time. You are in wrong notion.

Dr J C Vashista (Expert) 28 January 2015
Information is incomplete and vague qua the property is inherited or self-acquired.
Show the documents and seek consultancy from a local lawyer for proper opinion and advise.

Rajendra K Goyal (Expert) 28 January 2015
Consult local lawyer and show him all the documents.

T. Kalaiselvan, Advocate (Expert) 29 January 2015
Even if it is the ancestral property, the nature is extinguished once there was a proper partition and by executing a registered deed to that effect by the respective share holders. Therefore, the father becomes the absolute owner and he has got full rights to dispose the properties without consulting his children or taking their consent for future disposals.

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