LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sam (xyz)     06 March 2010

Can granddaughters claim rights on sold ancestral property?

We've purchased 1 acre of ancestral property (land) from two brothers, these two brothers shared/partitioned it from his father after his death, their father did not leave any WILL before his death. In year 2001, these two brothers sold this one acre to us without their daughters permission(who were majors when the sale transaction happened in year 2001) . Now, this year in Feb of 2010, the daughters of these two brothers filed a case against us in court caliming they have rights on the property. What could happen to our purchased property now? Is there any time limit on when someone can claim their rights after a sale is happened? What all options do we have here in this case?


 11 Replies

Suchitra. S (Advocate)     06 March 2010

The two daughters can claim their rights over their ancestral property anytime. There is no limitaion period. The sale will stand cancelled.

Manish Singh (Advocate)     06 March 2010



the outcome depends also upon the state where the property is situated. but in general, since the property has been partitioned as well as sold off before 20.12.2004, the daughters can not claim any share in the said property. so just dont worry and enjoy the property.

1 Like

Umesh Bhatt (advocate)     06 March 2010

i go with advocate manish singh that daughter can not claim any share in the said property.

rajesh saharan (ADVOCATE)     06 March 2010

I agree with manish sir...

sam (xyz)     06 March 2010

Thanks a lot for your reply Sir,

Bythe way, The property is in AndhraPradesh.

sam (xyz)     06 March 2010

Sir, What was that law or amendment that can prevents them from claiming rights on the property? What was that date 20.12.2004?

rajesh saharan (ADVOCATE)     07 March 2010


N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 March 2010

The sisters have no right in the ancestral family property.

At the time of sale, the two brothers were absolute owners and they had right which they conveyed you.

Now, the sisters can not claim any right /share in the ancestral property. The get the benefits of the amendment act, the property should remain as ancestral joint family property (as on Dec.2004).

It is purely legal question and the suit/case filed by the sisters will fail. 

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     07 March 2010

Please replace and read "sisters" as DAUGHTERS

sam (xyz)     07 March 2010

Thank you Mr. Ramesh for your reply.

sam (xyz)     07 March 2010

Thank you all Mr. Manish, Mr. Umesh, Ms. Suchitra, and Mr. Rajesh for your replies.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register