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Father sold property belonging to grandfather, can son claim share?
10-Aug-2023 (In Family Law)
Hi, My grandfather purchased a land many years ago. He died in 1995. The land is in my grandfather's name. He intended to give land to my father and aunt (father's sister) but he did not prepare any will and the land stayed in my grandfather's name only. Recently I and my aunt came to know that my father already sold the land somehow several years ago. Even I was a minor (below 18 years) when he sold the land. Can we do something in this regard to get our land back?
Hi
It appears that the land is a self acquired property and ideally after your grand father's time, the land will vest on his legal heirs(your grand mom(if she is alive), your father and your aunt.
Not sure how your father could have disposed of the land without your grand mom or aunt's consent.
Since your father has sold the land without the consent of the other legal heirs of your grand father, the sale is invalid in eyes of law.
You need to file a suit for partition, declaratory title and also for cancellation of sale deed at the courts having jurisdiction over the property.
It appears that the land is a self acquired property and ideally after your grand father's time, the land will vest on his legal heirs(your grand mom(if she is alive), your father and your aunt.
Not sure how your father could have disposed of the land without your grand mom or aunt's consent.
Since your father has sold the land without the consent of the other legal heirs of your grand father, the sale is invalid in eyes of law.
You need to file a suit for partition, declaratory title and also for cancellation of sale deed at the courts having jurisdiction over the property.
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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