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pradeep (NA)     13 September 2012

Ancestal property sold by father

Hi,

Here I am briefing my problem with my agriculture land.

My name is pradeep, age 30 years(Date of Birth 11-sep-1982), belongs to Hyderabad,Andhra pradesh and I am working in Private organization.my father sold 4 acres of agri land on 16-04-2002, which is ancestral property.

1) My grate grand father name chandraiah, he has only single son name mallaiah, he is my grand father.

2) Mallaiah has only single son his name is narayana, he is my father(date of birth 04-june-1965)

3) Narayana has 2 sons , myself and srinivas.

till this date the land is not partioned or divided, as my grate grand father has single son and my grand father has single son.


The property inherited from Chandraih to mallaiha(but in office records there is no chandraih name,which are showing Mallaiah name, at that time only all the land owners names entered into register)

Mallaiah died in 1999 and there is no will.

In 2002 my father(narayana) sold the 4 acres land to bopal and registered on 16-04-2002. for that my father, land registered into his name first and resgisted to bopal, at that time I am 19 years old( believe I am major at that time)

We migrated from village to City for our higher studies, after 6 months we came to know that bopal accupied 1/2 acer land of ours, which means 4+1/2 acer.

Since that time my father is fighting for 1/2 acer land which is illigally accupied by the bopal, but there is no +ve signs as of now.

We want to punish that guy as he is accuping my 1/2 acer Illigally and want to take back 1/2 acer land.


Below are the questions

1) Are we(my self and brother) eligible to claim that 4 acers of land, which is sold by my father(At that time my age is 19 and brother age is 17)?

2) Is that land comes under ancestral property or not?

If 1 and 2 yes, then what type of actions needs to be taken care.

My father fedup with issue and now he is supporting us.

Please answer my questions.



Learning

 4 Replies

laxminarayana (Advocate)     13 September 2012

Dear pradeep

You will get suitable relief .
for more details please call me :9676404573

Hyderabad

pradeep (NA)     13 September 2012

Please need some more information on this, try to help me out from this.

Anish Thakur 7018812737 (advocate)     13 September 2012

respected querist,

your father was not entitled to sale that land as it was a ancessotral property however he can sale his share from the ancesostral p[roperty.

yes your brother and you can claim for your share and can also challenge the registry . to overcede the limitation of the suit you have to make fresh cause of action.send your revenue documents and registration deed to us so that i can advise you to get the best relief.feel free to call on 9459321520.

regards,

pradeep (NA)     15 September 2012

Thank you laxminarayana and Anish Thakur ji for prompt response.

Note: Revenue Documents also showing mallaih(grand father) inherited this property as ancestral in 1955 and my father also got this as ancestral property in 2002 and 2007 from mallaih.

My grand father died in 1999, in 2002 and 2007 my father registered this land on his name.

(i.e) 4 acers registered on my father name in 2002 and another 4 acers registered in 2007.

1) are we eligible to claim the 4 acers propery which is sold in 2002 by father?

2) are we eligible to stop sale 4 more acers which is registered in 2007?

3)  Is there any years limit to cancel sale deeds and registration, I heard 3 years limit to cancel sale deeds and registration, is this true? please responde me sir.

Is there any judgment related to cancle sale deeds after 8 to 10 years?


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