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yogesh   24 September 2015

Ancestral property

My grand father sold two properties each in year 2006 and 2010 respectively and he passed away last year.

Now i got to know that the property is ancestral property, can I do something now. pls help me.



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 5 Replies

saravanan s (legal advisor)     24 September 2015

you can file a declaration suit to declare the sale as null and void.also obtain an injunction in order to prevent the party to whom the property is sold from proceeding with any sale while the litigation is going on.

yogesh   24 September 2015

Sir, what is the time period after I can file a case after the property is being sold?

yogesh   24 September 2015

the property is in uttar pradesh and now i am residing in jharkhand, can I file a case in any court of jharkhand or i have to file case in uttarpradesh only.

advocatepassy@gmail.com 971794 (Advocate)     24 September 2015

The case has to be filled in Uttar Pradesh- where the property is located. I do not think that you can now file for injunction as your grandfather has already sold the property and is now no more. At the most you can ask for your share in the sale proceed from his legal heirs, who inherited his assests

(Guest)

laugh

Well if you are Hindu, then there is one option, but you need to act very quickly before limitation perod gets over under Limitation act

Go and file suit that it is Mitakshara HUF anchesterol  property and you are coparner , and you have not sold your rights , try to claim Preferential right to acquire property or partition of property claiming HUF 

Well there are many further legal points but this trick many uses in such cases and this is one imp. reason while transaction of property all legal heirs are made to sign as witness etc. So no one gets up and say it was HUF.

Technical things you get from local lawyer , Try to file the matter within few months 

Good Luck 


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