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Sudhanshu   21 February 2019

Property of My grandfather sold by my father

My father is abusive and a drunker. He used to harm my mother physically and mentally. So, without divorce my mom, I and brother separated. We had filed case against him for the separation of property. My grandfather died in 1997 and property was devided along 5 bothers of my father. Now, even after filing case for property separation, he sold some of his property. Is it legal?


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 8 Replies

Shashi Dhara   21 February 2019

U make purchaser as party in the suit.

Sudhanshu   21 February 2019

@shashi I don't know what does it mean. I don't even know the purchaser

Shashi Dhara   22 February 2019

U go to subregistrar office and verify the transactions made in suit schedule property .

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     22 February 2019

What your father did was not legal. While your Grand Mother passed away in 1997, when did your father got his share and when he actually sold the property? The dates are key. 

If the sale transaction has not barred by limitation for your taking action, you can file a suit against your Father and the person who purchased the property praying the court to set aside the sale.

 

Of course, the case drags a minimum of 15 to 20 years.

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Sudhanshu   23 February 2019

The property was tranfered to my father after grandfathers death.. Me and my brother filed separation case in October 2018, he sold the property in jan 2019

Sudhanshu   23 February 2019

Sir Ji, मेरे दादा जी के मरणोपरांत,जायदाद का हिस्सा हुआ। He didn't had any will so it was automatically inherited by my father from his father. And as per the rule it is an ancestral property. And therefore after 20 years we filed the case. Now thing here is, we filed the case and that mean Land became disputed. But even after filing case, my father sold it to someone else. So my question here is: He (my father) sold a disputed Land. Is it legal.?

Sudhanshu   23 February 2019

Sir Ji, मेरे दादा जी के मरणोपरांत,जायदाद का हिस्सा हुआ। He didn't had any will so it was automatically inherited by my father from his father. And as per the rule it is an ancestral property. And therefore after 20 years we filed the case. Now thing here is, we filed the case and that mean Land became disputed. But even after filing case, my father sold it to someone else. So my question here is: He (my father) sold a disputed Land. Is it legal.?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     23 February 2019

How your Grand Father acquired property is immaterial.For your father it's not self acquired property. It's ancestral to your father and to you also. Therefore, you should get your share along with your father and your brother. What your father did was not legal. You may take a decision to file a suit depending upon value of such property that may come to you. But, a wird of caution. Don't depend and expect the property soon. The case surely drags for a minimum of a decade and then open for appeals.

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