Upgrad LLM

ancestral property sold by father


Hi,

My Father has sold our Ancestral Property (Purchased by my Grand Father) while I was still a Major about 10 Years back without my knowledge. I have run around the Government offices to find out who the current owner is and realized the person who has purchased the property from my father is an associate of the current Owner of the property. The Current Owner happens to be a very close family friend, Something strongly tells me that the party who has purchased the property has tricked my father in selling our ancestral property.

I recently realized that the property has been sold, Can someone please guide me If I can claim my right on the property without bringing my Father into this case (Because I don't want to trouble him).

Please guide me.

Chaitanya

 
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Lawyer at Supreme Court of India

Sir,

 

You will have to challange the sale, because the disposal of the ansectral property is allowed only on some limited grounds. I apprehend that how come other people having the right over the property were not able to recognize as to what is happening with the property.

 

Without making your father a party to the property, you can register a case against that person who has played a trick upon your father to sell the property. 

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

09899011450


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Thanks for the quick reply Mr. Kapil,

Just one more small detail I forgot to mention. This property was a open land with with a house when my Grand Father purchased, Later My Father along with his sibilings (including his sisters as the Heirs of the property) had given this property for development on 50-50 basis. However, My father has only sold one part out 2 of his share.

I have gone through the documents, they say that  my father has given Power of Attorney as well. Can you please tell me what are the chances of me winning this case over the other party and how much time will this take tentatively.

To give you a brief about the other party, They are very Rich, Highly Influenced and Have very Huge Contacts. I am just small employee surviving only on Monthly Salary and Not having any contacts like the other party except the Help of Google and some learned professionals like you through the blogs/forums.

Please advise.

--

Regards,

Chaitanya

 
Reply   
 

Thanks for the quick reply Mr. Kapil,

Just one more small detail I forgot to mention. This property was a open land with with a house when my Grand Father purchased, Later My Father along with his sibilings (including his sisters as the Heirs of the property) had given this property for development on 50-50 basis. However, My father has only sold one part out 2 of his share.

I have gone through the documents, they say that  my father has given Power of Attorney as well. Can you please tell me what are the chances of me winning this case over the other party and how much time will this take tentatively.

To give you a brief about the other party, They are very Rich, Highly Influenced and Have very Huge Contacts. I am just small employee surviving only on Monthly Salary and Not having any contacts like the other party except the Help of Google and some learned professionals like you through the blogs/forums.

Please advise.

--

Regards,

Chaitanya

 
Reply   
 
legal advisor

file a suit for posession and a declaration suit to declare the sale as null and void


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Lawyer at Supreme Court of India

Sir,

 

You cannnot sit becuase the other party were strong and rich, Contest your case on merits and get the sale deed set aside and seek injuction of the property in the mean time.

It will take some time to get it set aside, but if you have good documents with you, then the chance of winning also increases.

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450


Total likes : 1 times

 
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Lawyer Practice

now after supreme court judgement property cannot be sold by power of attorney. date of sale deeds executed through alleged power of attorney are required to give advise.

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Lawyer at Supreme Court of India

Sir,

 

You can call me anytime tommorow office hours .

 

Warm Regards

Kapil Chandna Advocate

advocate.kapilc@gmail.com

+91-9899011450


Total likes : 1 times

 
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Lawyer.

Hi 

from what you have said, it appears that you have limited chances . however we will need to see the whole set of documents to give you any added advantage to contest the case. 

the reasons are 

a) when your father sold the property 1 part of his share, you were a major and did not contest the case within period of limitation. 

b) As mentioned by you, it appears that your father and his siblings have effected a Power of attorney in favour of builder and probably the builder must have sold the property based on POA. However you can contest the sale based on POA. But for this we need to see the development agreement and POA concurrently. 

The builder might be rich and famous. but be assured that law does not go by who is rich or poor. 

The judge shall go by the merit of case only and that is depended on the coherent reading of the documents you have in hand.


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