Sold agriculture land

This query is : Resolved 

Querist : Anonymous (Querist)
24 February 2021

Dear sir/madam,,
We had an agriculture land in our village which is belongs to my grandfather. My father and his sister sold that land without our knowledge and signature, my mother and my sister didn't sign in registration, can we get that land back, pls help us ...

Advocate Bhartesh goyalOnline (Expert)
24 February 2021

No, property belonged to your grandfather and after demise of your grandfather property rights devolved to your father and his sister and they had every right to transfer the said property .It was not an ancestral property so you ,your mother and sister can not legally challenge sale deed and have no right and claim over said property.

J K AgrawalOnline (Expert)
25 February 2021

Resp experts In my humble opinion is that if the property is not self acquired of grand father (as it happens generally) the situation will change as under:-,

If you are a Hindu, you have right by birth in ancestral property. Your Father or bhua alone were not capable entire land without partition. You can challenge it but success depends on so many other facts.

Guest (Expert)
25 February 2021

Well Advised by Learned Advocate Mr.Bhartesh Goyal

kavksatyanarayanaOnline (Expert)
25 February 2021

The property devolves only on the children of your grandfather. Grandchildren will not get any share in the self-acquired property of the grandfather as grandchildren are not in Class I heirs. However, if the father had already died before the death of the grandfather, then the grandchildren become entitled to the share in the self-acquired property as children of the predeceased son as they are now included in class I heirs as children of predeceased son/daughter and they inherit equally as other class I heirs under Hindu succession Act.

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