rights of minor son in ancestral property
Sivakumar
(Querist) 21 May 2016
This query is : Resolved
Good Evening Sir
Sivakumar. E,
Age:30
Place: Sengottai
(Tirunelveli)
Tamilnadu.
My ancestors property (Grandfather's father's) was sold to an outsider in 2000 by my father when I was 14 years old. He signed on behalf of me without my knowledge. Then we( my mother, elder sister and me) shifted to Kerala later to Chennai. He died in Chennai in 2013. Last month I met my relatives and they informed about the property. I have collected the survey number and EC. The buyer sold the property in 2007. My father sold the property of 71 cents for 20000 for his debt (without the knowledge of family). My sister is unmarried and converted into Christian. I want the property.
Can I get my ancestors property back?
Kindly guide me the legal possibilities and procedures..
P. Venu
(Expert) 21 May 2016
How i it that the property is ancestral?
Rajendra K Goyal
(Expert) 21 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Can-son-reclaim-the-ancestral-property-sold-by-father--599856.asp
Sudhir Kumar, Advocate
(Expert) 22 May 2016
also repeated
http://www.lawyersclubindia.com/experts/can-son-reclaim-the-ancestral-property-sold-by-father--599856.asp
T. Kalaiselvan, Advocate
(Expert) 24 May 2016
This question which was repeated in a previous thread was properly addressed by many experts, you may visit that thread for knowing more answers.
T. Kalaiselvan, Advocate
(Expert) 27 May 2016
In my opinion this property may not fall within the meaning of ancestral property.I have given my detailed explanation expressing my view and opinion to your question in your previous thread irtself, whichh is reproduced once agin for your reference:
The meaning of ancestral property means:
A property to qualify as ancestral property it must be originally purchased by the fourth male lineage i.e great grand father, coupled with the fact that the property remained undivided till the fourth generation upwards.If the property is divided through a partition deed, family arrangement, etc it loses its ancestral character.
In your case the property in the hands of your grandfather was duly partitioned by him among his children and hence due to the break in continuity of intestacy in your father's generation, the character of ancestral extinguishes in that place. This explains that since this is not ancestral property to you, probably you are travelling under a misconception or wrong guidance still believing it to be ancestral property, moreover since you were not near the property for so many years, you cannot claim your innocence about it now especially to a property in which you had no interest till this date.
In my opinion you may pursue a losing legal battle if you are still adamant to follow this issue because basically it is not maintainable. I had expressed my opinion in my first reply itself that I have my own doubts that this property is of ancestral nature.
With a request to not to repeat the questions in other thread and avoid your anxiety by adopting patience to wait for the answers.
