How to Claim Rights in Ancestral Property Sold by Father & Legal Time Limits

In India, the time limit to claim ancestral property is generally 12 years, as per Article 65 of the Limitation Act, 1963. This period typically starts from the date when a person's right to the property is denied or when they become aware of being excluded from their rightful share.
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.

1. Registered property documents
2. Encumbrance Certificate (EC) of the property
3. Family member certificate proving your relationship with the previous owners