It is an ancestral property(Hindu),1967 head of family(male died) ,left with wife (died in 1980)and 2 sons and 3 grandchildren (minor at that time females without court permission),soon after death 8 property were sold by two sons(sale deed), without transfering property in their name, without partition,in one property RTC head of family name came till 1987 ,one of property till 2000, properties are now till plain land nothing constructed,we came to know this now(not had knowledge about it),one of the son still alive one died - all the sale deed done by two sons in 1971,now grandchildren's age are 50,56 and 60
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If the property was ancestral and it was sold without taking the consent of the heirs th3n file a cancellation of the sale deed in the district court.
The legal heirs who are aggrieved have to file this suit.
For the remaining property a partition suit has to be filed.
You have to file suit to set aside sale deed
2) delay in filing suit has to be explained
3) take the plea that it is ancestral property you came to know of sale only recently and suit filed within period of 3 years of knowledge of sale
1. If the two sons had sold the property through a registered sale deed in the year 1971, then the property being the ancestral property, the two brothers should have taken court permission to sell the minors' right.
2. Atleast the minors after attaining majority, i.e., 18 years had three years' time to contest the case, after attaining majority.
Limitation for recovery of immovable property is 12 years from the knowledge of loss of property. If you can prove that knowledge of loss of property accrued to within last 12 years you can file suit for recovery of possession and cancellation of successive sale deeds. You have to make all the buyers of provision party to the suit. If suit are properly framed you will get the land back of settlement with buyers.
Now the property has gone to three four hands,Who can file a suit is it son or grandchildren's,is it legal to sell ancestral property without transferring in their name,now grandchildren's age are 50,55 and 66,can we get a stay on property, 8 property registered sale deed was done by two sons in 1971,in 8 property 3 properties having wrong survey number and size,can time limit stop us from filing suit,one of the lawyer said to us earlier it was happening without court permission for minor and without transferring in their name they can sell is it true,can't we challenge that please advise us
Dear Sir,
1.If there is an immovable property, which Mr. A is going to get, then Mr. A has a chance of being legal heir. If Mr. A assumes that he is the owner of the property and transfers the property to Mr. B, that transfer will be considered to be invalid. Mr. A cannot transfer the property unless he gains the ownership of the property and the property belongs to Mr. A.
2. Hence the sale is not valid and you can go ahead with the legal proceedings.
Thank You!
Property had to be mutated in name of legal heirs then sold
2) if minor had share in properties court consent was necessary for sale of minor share in properties
3) minor can within 3 years of attaining majority challenge the sale
4) if however minor was not aware of sale of properties then within 3 years of knowledge they can file suit to set aside sale deed
It's legal to sell without transferring but you need noc and consent of all legal heirs in case of ancestral property. Otherwise it will be a a illegal transaction and can be challenged by filing suit.
The property belonged to the grandfather of the grandchildren, hence it is not ancestral property.
After the death of the property owner, who is reported to have died intestate, his surviving two children are the legal heirs to succeed to the states of the deceased.
Thus there is nothing wrong or illegality about both the sons dividing or not dividing but selling the property jointly.
It is not necessary that they have to get the properties transferred to their names before selling the properties inherited from their father and also there is no necessity for them to obtain permission or consent of their children to sell the properties that were inherited from their father.
Therefore the grandchildren do not have any direct right to the properties that were sold by their respective fathers.
If at all there are any properties still lying on their respective father's names and as one of them is reportedly died intestate, then his share of the remaining properties shall devolve equally on his own children and his wife who become the successors in interest to succeed to his share in those properties.
Therefore there is o point in filing any suit claiming the rights in the properties which never existed neither any such suit would be maintainable nor tenable in law,
Your status and legal position has been clearly explained in my previous post of the same thread.
Thus as per law there is no rights for the grandchildren in the properties during the lifetime of their respective fathers.
Basically it is not an ancestral property, it was their grandfather's properties, which were divided by the sons/legal heirs of their grandfather, which is a very much valid partition.
this cannot be questioned nor any rights can be claimed by the grandchildren for any reason.
Therefore there is no possibility for filing the suit, even if it is filed it may not maintainable in law.
We have special DC order in 1963 by it saying it's an ancestral Property,after two sons made registered sale deed properties has gone to three to four hands can that salee deeds can be cancelled,noc not been taken, property not mutated,now can grandchildren's (female) can file a suit,two of the 8 property having wrong survey number and wrong size what can be done for that. Please suggest what has to be done I have all documents in hand(RTC from 1965 to 2021,MR,EC from 1965 to 2021,sale deeds paper,survey sketch copy,1963 dc order and PR of all the property)
Hi, grand children can file a suit for partition. You don't bother about how many sale transactions taken place in respect of the property. Better you can get a legal opinion from the local advocate and proceed to file a suit.
You have to file suit to set aside sale of ancestral property
2) make the seller and buyers party to the suit
3) if survey number is wrong ,size different then 2 properties has not been sold
If you have all documents, you can recover the properties lost to family. Prepare a proper suit adding all purchasers of properties from first transaction to the last. Produce all certified copies of sale deeds executed by family members in Court. Any family member except those who sold the property can file a suit. Only the family member filing suit will be the plaintiff and all family members and buyers will be defendants. Limitation for filing a suit by minor family member is three years after attaining majority. If there is such member, he can file a suit. Even otherwise limitation starts from the date of knowledge.
1. Daughters are also considered as coparceners ( right to property by birth ) in the Ancestral Property on par with sons based on the Amendment to Hindu Succession Act, 1956 in 2005 and subsequent judgements from the Hon'ble Supreme Court on the same subject.
2. However, if the property was disposed or alienated or partitioned or through testamentary (WILL) which had taken place before [deleted]( Twentieth December Two Thousand Four), then such cases will not be reopened afresh.
3. It's to be noted that the Amendment to the Hindu Succession Act, 1956 in 2005 granting equal rights to Daughters to inherit Ancestral Property would have retrospective effect, subject to the condition mentioned in (2) above.
4. In the instant case, since partition had not been done between the two brothers, who had obtained rights through inheritance and legally the rights of grandchildren, being minors then, were sidelined by not obtaining Court's permission to sell the property.
5. It's advisable to show all the connected papers to a Lawyer and obtain correct opinion.
The person who has a share in the property can file a suit. Even if the property has changed hands then too a suit can be filed although you have to prove that you didn't know about the property or the transaction.
Yeah the grandchildren can file a suit on grounds that tge heirs' NOC wasn't taken.
Dear sir,
The grandchildren can file a suit for partition for setting aside the sale of the ancestral property. Also, the seller and buyer can be made parties of the case as they are proper parties to the case.
Thank you
If they have transferred without your consent file suit for cancellation of the sale seed along with partition suit
DC is not an authority to declare this as ancestral property.
No case is maintainable even if you intend to file a lawsuit for partition on misguidance or on false information about this.
Hence do not be misled by listening to wrongly interpreted law in this regard
What is the best option to overcome limitation act in ancestral property? At that time they were minor when ancestral property was sold,after property was sold they left city,father had one daughter so he left with daughter after her marriage,kartha one son who is still alive is kidney,sugar patient from 20 years above Now we came to know because of one ancestral property was still in kartha name,in 2021 it was transferred to kartha'son then transferred to kartha'son's daughter name. Option 1 - to tell still now we were in Possession of property, because we settled in another city and kartha's son kidney,sugur patients we came to know now property got transferred to someone else Option 2 - we not had knowledge regarding ancestral property,we came to know now because one property was still in kartha name,now we transferred that property to kartha'son name then to granddaughter name,from that we came to knowledge regarding ancestral property. Which is best option or any more options please suggest But property has gone to 3 to 4 hands it's changed in documents
1)take the plea that you wre not aware of sale of property
2) that you have filed suit within period of 3 years of knowledge of sale of property
3) make all buyers party to the suit
It's the date of knowledge through which you can overcome limitation. Even if it's gone to 3 to 4 owners. The correct owner will enjoy title from court
Dear client,
You can choose the second option that you are not aware of the sale of the property and you can file this against all the buyers you are aware of.
Thank you
There is no time limit for filing partition suit to claim rightful share in the ancestral property provided that the ancestral property were not partitioned earlier.
Therefore if you believe that the property is still an ancestral property in nature, you can proceed with the proposed partition suit.