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Satya   21 November 2023

Son rights on ancestral property after partition?

Ancestral property was partitioned among my father and his brothers. After that my father constructed a house in that property with his income and my income. Later my father 
Sold to my brother in law through sale deed with out informing me. My father died last year and came to know that sale deed was executed with all manipulated bank transactions. Since it is partitioned property , will there be any chance to file suit to cancel that sale deed?


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     21 November 2023

Your father acquired this property through a partition among his siblings, hence it becomes his own and absolute property i.e., self acquired property.

In this situation the sale of property by your father is considered as legally valid sale of property hence you cannot claim any share in it as a right neither you can file a suit for cancellation of sale deed. 

Dr. J C Vashista (Advocate and Legal Consultant)     21 November 2023

The property acquired in partition is self-acquired in the hands of your father and he was competent to dispose it, which he is stated to have sold to your brother in-law. You are left with no right, claim, interest or title in such property.

Very well analysed, opined and advised by senior learned expert Mr. T Kalaiselvan, I fully agree with him and appreciate his acumen.

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