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Karthik   13 December 2015

Ancestral property doubt

Hi all, i want to know whether ancestral property inherited by my father, can he sell property wiithout informing me(minor at thetime of sale) or informing court at the time of sale. The transaction took place during 1989 and i am 26 years old. Can i file a petition to reclaim the property? Please reply...



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 17 Replies

naveenraj jain (proprietor)     13 December 2015

Carefully reading the recitals of sale deed by any learned advocate shall determine your rights.

GANDHI MOHAN BHARATI (Pensioner)     13 December 2015

You were a minor at the time of sale. Therefore, informing you or obtaining your consent does not arise. If you dispute it now, your father may have to make good the loss to you. The will be liable unless your father has disclosed your rights and have agreed to make good your loss. You may have to move a court to estblish your right

Karthik   13 December 2015

I read in an article that to sell ancestral property my father had to take court permission for selling it. Otherwise the transaction is void. Am I right?

Karthik   13 December 2015

Thank you for your prompt replies.

Kumar Doab (FIN)     13 December 2015

Why should the transaction be void.

Why don't you ask your father to make good for your loss.

GANDHI MOHAN BHARATI (Pensioner)     13 December 2015

The transaction will not be void. The Question in court will be on whom the liability rests (your father or buyer) with regard to your loss

Anand Bali Adv. (Advocate Solicitor & Consultant)     13 December 2015

Dear Karthik,

It is a belated reply to your Question but very useful for you please read carefully.

In case your father has sold out ancestral property when you were a minor and he has not taken permission from the court to do so but he has done it then the question arises that whether he spent your share of the property amount on your welbeing or not if you can establish that by that amount of the proceed he has not spent a single penny on your welfare then certainly you can demand your share out of that property proceeds but the sale will not be termed as void after 12 years of the registration. and also you can get it demanded only withing 12 yearsa of knowing this fact as adult person.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     14 December 2015

1. The property bequethed for four generations without any partitions or otherwise alienated becomes ancestral.

2. As stated hereinabove, if your father establishes and accounts for the sale proceeds are for the benefit of the minor, you being the minor by father and natural guardian or appointed by the competent court, then no further claim arises.  Else the alienation is voidable but not void in the hands of minor.  If challenged within 3 years on attaining majority will be decided by the court thereafter becomes automatically valid.

Karthik   15 December 2015

Thank you for your replies and opinions. I have another another doubt. My father has sold the property through gpa in 90's. But the buyer has not registered the property in his name till date. My fathers name is appearing in paani till date. What are the consequences for the buyer and what are the options for me as a seller?

GANDHI MOHAN BHARATI (Pensioner)     15 December 2015

Normally a sale deed is to be Registered within a time frame; it is 4 months in Tamil Nadu. If the consideration of sale is less than Rs.100/- there is no need to Register. A sale deed executed in 1990 and NOT yet Registered is as good as the paper on which it is written, in my opinion

GANDHI MOHAN BHARATI (Pensioner)     15 December 2015

Normally there is a time period within which a document needs to be Registered. In Tamil Nadu it is 4 months. If the document was executed in 1990 and NOT yet Registered, in my opinion, it is as good as the paper on which it is written

Karthik   15 December 2015

That means even if the property was sold to 3rd party based on the gpa which was not registered has no valu and the original owner can reclaim the property at any time?

Karthik   15 December 2015

this property is in bangalore, karnataka.

Kumar Doab (FIN)     15 December 2015

You need to check at the location of the property about rules pertaining to mandatory registration of GPA on the date of GPA.


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