Nisha (Student) 15 December 2009

Can a father sell an ancestral property to a Grandson?

My father sold his ancestral property to his grandson without any prior notice to me. Actually we are two sisters and under my sisters influence my father sold his property to his Grandson.He didn't really sold it ... it's just paper work that shows that he sold him.

I'd also like to add that I was not aware of these things till my father died last month. In the papers which is registered it is shown that my father had sold the property in 59 lakhs to his Grandson on dated 09 october 2009.

How come my Nephew who is of just 20 yrs of age can buy a property of 59 lakhs. And do you people think should I legally fight against it. would it be of any use? or just waste of money

please help me out. Thanks in advance

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8 Replies

Adv. Deepak (Advocate) 15 December 2009

Dear Nisha, You can very well challenge the sale deed dated 9th October, 2009, stating that the property is ancestral and your father was not in a position to dispose it as per his own wish and will. Under Specific Relief Act, you can seek cancellation of the above sale deed and seek from the Court partition of the property among all the legal heirs. Regards. Adv. Deepak. ddkharpudikar@indiatimes.com

Adv Archana Deshmukh (Practicing Advocate) 15 December 2009

Your father cannot sell the ancestral property as such. You have a share in it. You can very well file a suit for cancellation and setting aside the sale-deed & and partition to get your share in the property.

Nali Seshu Kumar (SOCIAL WORKER) 17 December 2009

nisha your presentation is excellant, you have every right to challenge the document alleged to have been executed by your father without any consideration , as per the transfer of property act without consideration the sale is not valid and that you may proceed to challenge that deed very expensive but you have a right to file suit for partition and separate possession of your fathers property in to equal shares of remaining your family members by observing metes and bounds and claim one such share sepearately ,sucha a case minumam amount is sufficient to brought the suit .you have any assistance contact naaliseshukumar@gmail.com

P.K.Haridasan (Advocate) 18 December 2009

Father can only sell his share in the ancestral property. You have a right. Challenge for your share. Seek the help of an Advocate, who will help you. Tell him to file a civil suit to declare the sale is invalid and a partition for your share

Raghav Sood (Lawyer) 19 December 2009

file suit for declaration in respect of your share

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate) 28 December 2009

Nisha,Firstly you obtaine the true copy of registered deed from office of the registrar where the property has been registered and then explaine the details about the reason of sale deed.My full coperation will be with you.

Best regards.

Anjani Kumar Vaidyasen

prashant kumar pandey (lawyer) 13 January 2010

Nisha,u can get help by court.ur father con't sell hole ancestral property in faver of grandson.they have no rightto sell all property.you can filed suit for declaration in compitant court.

M.RAM KUMAR (INSPECTOR OF CUSTOMS) 16 January 2010

A FATHER CAN NOT HAVE ABSOLUTE RIGHT TO SELL THE ANCESTRAL PROPERTY TO HIS GRAND SON THIS IS A BAD BLOOD RELATION AND CAN NOT BE LEGALISED. PL SEEK LEAGAL REMEDY THROUGH S[ECIFC RELIEF SUIT.

M.RAM KUMAR,

LEGAL ANLYST - THE OPINION IS MY OWN PERSONAL JUST FOR ACADEMIC DISCUSSION