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Abhishek Dutta   01 November 2022

Claim on undivided property

My Grandfather had an ancestral Property which he died interstate and left the property among his 7 sons and daughters (My Uncle and Aunt).

Now, one of my Uncle sold his part (Of Undivided and unpartitioned Property) to another person of the same town and now the person is running a rice mill in that area way back in 2004.

My father and Aunt was deprived of the same and one of my uncle decided his share on his own and sold the property, can my father and aunt file a title suit against the property which is in operation and against whom the borrower has availed a credit facility ? 

I came to know that limitation act states that one can not file title suit after 12 years on undivided property and that too when a part of which has been sold to a third party where an existing commercial operation is going on and the party has availed credit facility against the property.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 November 2022

You cannot sell an ancestral property without the consent of other property members. 8. A property is not an ancestral property if it comes from your maternal side.

Abhishek Dutta   01 November 2022

Originally posted by : Rama chary Rachakonda

You cannot sell an ancestral property without the consent of other property members. 8. A property is not an ancestral property if it comes from your maternal side.

Thank you sir, actually one of my uncle sold his share depriving my father and aun'ts part. Since there was no mutual agreement / partition deed, the part which is sold by one of my uncle can not be ascertained as to whose share.

Now since already part of the property has been sold and the remaining property is left intact , my aunt who is in urgent need of funds for medical treatment was wondering whether this unlawful act can be brought to legal recourse by way of title suit, however this 13 years clause was confusing as , someone told as per limitation act , the person has no right to file title suit.

The property pertains to paternal side.

Thanks 

H.JanakiManohar Rao (lawyer)     02 November 2022

Issue a legal notice to all the 6 sons of your G-father for division of undevided property that is devolved from their father.
1 Like

Abhishek Dutta   02 November 2022

Originally posted by : H.JanakiManohar Rao

Issue a legal notice to all the 6 sons of your G-father for division of undevided property that is devolved from their father.

Thank you sir.


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