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Ancestral property sold to brothers can we take it back
04-Mar-2023 (In Property Law)
Hi, We had few acres of agricultural land of my grandfather which was later claimed by my dad and his brothers post my grandfather's death. But my grandfather's brother forced them to sell it to him and a very low cost in 2001. At that time my brother and me both were more than 18 years of age. Also that person has been cultivating our land from more than 40 years now and taking profits. Please let me know if it is possible for me, my brother and my cousins to claim the land now. And how can we do it. Also if it is possible to claim the profits he has been making by growing crops o our land.
It depends upon whether the property was a self-acquired property of your grandfather or an ancestral property. A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grandfather followed by grandfather, father & present generation all in this linear generation living & enjoying the property.
You have right in your grandfather’s property. So if it was an ancestral property and if the entire property was transferred by sale deed without giving your share then you can challenge the sale deed and file a suit for partition thereby seeking share.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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