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Ancestral property ... No property remaining
06-May-2025 (In Property Law)
My father sold our 4 acre land to 5 parties when I was juvenile.
3 of those parties sold it further to another 7 parties.
My question: Can I file cases against the buyers that my father had sold property without consulting me and so the property is still my ancetral property so it belongs to me?
Whome should I file case against? The 1st 5 parties or all the 5+7 parties?
If your father sold 4 acres of ancestral property during your minority (when you were a juvenile), and the property qualifies as ancestral under Hindu law, you may have a valid legal claim—but only if the sale was not for legal necessity or the benefit of the estate. Here’s a suggested course of legal action:
Ascertain Ancestral Nature: Confirm with proper records that the property is indeed ancestral (i.e., inherited up to four generations without partition). Only then can a coparcener (you) claim a share.
Legal Capacity of Father: A Karta (father) can sell ancestral property only for legal necessity or family benefit. If there was no such necessity, and you were a minor at the time of sale, you may have grounds to challenge the sale.
Challenge Entire Chain of Transactions:
File a civil suit for declaration of title and cancellation of sale deeds executed without legal necessity.
Make all 12 parties (5 original + 7 subsequent buyers) parties to the suit to avoid multiplicity of litigation and challenge the entire chain of transactions.
Seek possession, mesne profits, and if applicable, injunctions.
Limitation Period: You must file the suit within 3 years of attaining majority (age 18), under Article 60 of the Limitation Act.
Burden of Proof: The burden is on the buyers to prove the sales were for legal necessity.
Conclusion: You can file a single suit against all 12 parties to challenge the transactions. Consult a civil lawyer immediately to draft a proper plaint, preferably in the jurisdiction where the property is situated.
Helpful?
Adv. Koteshwara Rao
Vijayawada | 25+ Answers
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