How to claim right in the ancestral property sold by father?

442 votes

If the property was ancestral, meaning it was inherited from your ancestors, then as a legal heir, you have a right to claim your share in the property. If your father sold the ancestral property without your consent, you can take legal action to assert your right to the property.
Here are the steps you can take to claim your right to the ancestral property sold by your father:

1. Gather evidence: Collect all relevant documents and evidence related to the ancestral property, such as sale deeds, partition deeds, wills, and family records.

2. File a case in court: You can file a case in the civil court seeking a declaration that you are a co-owner of the ancestral property and that the sale made by your father was invalid. You can also seek an injunction to prevent any further sale or transfer of the property.

3. Prove your claim: To establish your claim in the ancestral property, you will need to prove that the property was ancestral and that you are a legal heir entitled to a share in the property.

4. Negotiate a settlement: In some cases, it may be possible to negotiate a settlement with your father or the purchaser of the property. This can involve buying back your share in the property or coming to an agreement on how the sale proceeds will be divided.

Assuming that you are a Hindu, there is a time limit for filing a suit to claim your right to the ancestral property sold by your father. The time limit for setting aside your father’s alienation of ancestral property is 12 years from the time when the alienee takes possession of the property. This time limit is set by Article 109 of the Limitation Act, 1963, which applies to civil suits in India.
If you file the suit after the 12-year time limit has expired, your claim may be time-barred and the court may dismiss your suit. Therefore, it is important to file the suit within the prescribed time limit to protect your legal rights.

LawRato LawRato

855 votes

Hi
Section 109 of law of limitation will become applicable.

According to section 109 of law of limitation, a Hindu governed by Mitakshara Law has to file a suit for setting aside his father's alienation of ancestral property within 12 years from the date on which the alien has taken possession of property.

In your case, you should consider the following
a) The date on which your father sold the ancestral property.

So technically you cannot challenge the alienation made in the year 1998.
For the alienation made in 2005, you can challenge, provided
a) you are able to prove that you were not aware of the transaction.
In your case, since you mentioned you had sold some of your ancestral properties, the other side might use the same as evidence and challenge that you had knowledge of 2005 transaction and might challenge you using Section 113 of limitation act (limitation period 3 years)

Advocate Rajagopalan LawRato

869 votes

Hi,
Firstly whether the share got devolved upon you and your brother that have be seen , if any share is to come to both of you brothers then you can file a case and ask for the share in it ,as you are not aware of it then you can file suit . Documents needed will be wherever the name of your father and ancestral property is their is shown ,i.e pahanies, Encumbrance and etc,. You have to contact and then things can be sorted out .

Thanks

Advocate Mohammed Abdul Quadeer LawRato

839 votes

you have not mentioned your age at the time of transition ,if you have any children? what are their age. if possible please send zerox copy of mother documents, sale deeds by your father, copy of document you executed along with your father

Advocate Iqbal Ahamed Pasha LawRato

973 votes

We can get our share in the property the documents required are
1. Property registered document.
2. EC of the above mentioned property.
3. Family members certificate of your grand parents.
Will go through all the documents and and find a loup if any

Advocate Aravind Challapalli LawRato

504 votes

Dear Client you should file partition suit against your father for partitioning your ancestral properties. You should ignore the sales made by your father unilaterally. Those sales will not bind you. There is not limitation for filing partition suit. It is an ancestral right and the same will not be barred by Law of Limitation. You should obtain property documents from Registrar and file a suit against your father for granting your share in the property.

Advocate Sistla Rama Krishna LawRato

444 votes

It takes 12 years to claim ancestral properties. The court can accept your claim if you have a valid excuse for the delay. You must file a civil lawsuit within three years after the sale date if you wish to limit the sale of ancestral property.

Advocate Chikirsha Mohanty LawRato