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(Guest)

Suit filed by heirs claiming ancestral property

I would like guidance on the following property dispute matter: - In 2013, Mr. X purchased a piece of land in Maharashtra from Mr. Y - Prior to that in the same year, Mr. Y had purchased the same land from Mr. Z (currently alive) - Subsequently, Mr. X purchased the land from Mr. Y by paying Rs 15,00,000/- through cheque - Mutation entries in 7/12 are presently in the name of Mr. X and he has been treated as the recorded owner Now, after several years the legal heirs of Mr. Z have filed a civil suit claiming that the property is ancestral property Mr. Z had no absolute authority to sell it, and The sale deeds should be cancelled / declared invalid under Section 31 of the Specific Relief Act. My queries are: a) If the land had already been partitioned/sub-divided earlier, can the heirs still successfully claim it as ancestral property? b) Does the fact that mutation stands in the name of Mr. X strengthen his case as a bona fide purchaser? c) After 10 years from the transaction, can such a suit still succeed? d) What would generally be the burden of proof on the heirs claiming ancestral rights? Any legal insights on whether such a suit is likely to sustain would be helpful


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     29 May 2026

The answer to your question is:

a) No, 

b) Yes, 

c) It depends on how the plaintiff prosecutes his case and the defendant defends  his interest.

d) The plaintiff has to file the relevant and substantial documents to prove his claim and the burden lies on him to prove his case and not on the defendant.

You can discuss with your own advocate on all other issues because without scrutiny of relevant case papers any further opinion may be a misguidance.  

Dr. J C Vashista (Advocate )     30 May 2026

a) No, the land cannot be claimed as ancestral.

b) X is valid purchaser-cum-titleholder of the land purchased by him from Y. Mutation do not change status of title, however, it is a revenue record for change of title.

c) What documented evidences are produced by the plaintiff / defendant shall decide fate of the suit.

d) Onus of proof shall lie upon plaintiff.

What is your locus standi to the suit / property ?

 

kavksatyanarayana (subregistrar/supdt.(retired))     30 May 2026

I agree with the views expressed by the above experts and prudent lawyers.

P. Venu (Advocate)     05 June 2026

"a) If the land had already been partitioned/sub-divided earlier, can the heirs still successfully claim it as ancestral property?"

When did the partition take place? What is the personal law, as applicable to Z? 

Please not not every personal law does not recognise ancestral property.


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