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Can ancestral property sold in 1940 be barred by limitation
05-Aug-2023 (In Civil Law)
hello sir good evening My great grandfather got two marriages (when first wife die he got anather marriage) both are blessed with a one son. first wife son (mygrand father and grand mother) passed after when my father(born)in 1920- 25. my father was suffering from ill health (fits) so he was not exercise his rights and he died in 1960 after i was born.so the total property enjoied by second wife and his son. in 1941 second wife son sold 3/4 acer. and his wife 1/2 acer (when my father is alive)without the concent my father. now layers say itwas bears limitation period not possible to recovery becouse the buyer is enjoyed a long possession. but in 1941 second son wife has no right to sell this property without signature of his husbend and my father. sir please give me solution to my problem thanking you sir.
Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Can I challenge partition deed?
Co-ownership disputes:
Sometimes, there may be disputes over the ownership of the property or the title to the property. In the event of conflicting claims and disputes regarding ownership rights, the court can challenge the partition deed to resolve the issue. 23-May-2023
What is Article 58 of the Limitation Act?
...of limitation. According to Article 58 in the Schedule of the Limitation Act, a lawsuit seeking declaratory relief is limited to three years.
Hi
Since the matter pertains to 1941, law of limitation will prohibit you from filing the suit as ideally you should have filed any suit within 12 years from the date of you becoming major or within 12 years from the date of transaction.
Since the matter pertains to 1941, law of limitation will prohibit you from filing the suit as ideally you should have filed any suit within 12 years from the date of you becoming major or within 12 years from the date of transaction.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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