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Rights of childrens on Ancestral Property.
23-Dec-2023 (In Civil Law)
Sir/Madam, Need your valuable inputs for the below query. My father had 3 acres of agricultural land which is an ancestral property. Among 3 acres , he sold 1 acre by rgistered sale agreement without taking our consent. We are 4 childrens. Now 1) Can we file a partition suit asking our shares in sold out property. 2) Thy had mentioned reason for sale as, for family maintenece and to clear debts, in the registered sale agreement but the real fact was for to clear his own unwanted debts which was not used for family maintenence.. Pl suggest, we 4 childers are eligible to get our shares by filing partition suit even the property is sold?? Thanks in advance...
If the property sold was ancestral indeed in which other members of the family had a share, then you can file a case challenging the sale by making the new purchaser a party as well. For the remaining property, the children can file a partition suit. It also depends on whether the children were minors when it was sold, how long ago was the property sold, other than the children who all have a right to it - such as wife.
Helpful?
Hi
Yes you all four of you can file the case of partition & the sale deed is not applicable to you all, but you have to see when that one Acer is sold by your father, if the buyer proves that the money/consideration is utilize for family purpose then you don't have the case. All depends upon your father financial position, his occupation & you four of your standard of living, education etc.,
Helpful?
Adv. Nagendra Prasad
Bangalore / Bengaluru | 50+ Answers
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