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Ancestral property was not signed by legal heirs unequal distribution
27-Apr-2023 (In Property Law)
Grandfather bought a property by 1966 and he expired during 68.then during 2006 my grandma registered that property to my elder aunt's daughter without my knowledge when I was a minor.grandpa has 3 children.2 daughters who got married before 1964.One son(my dad), and I'm the only daughter to my dad.my mom or I didn't sign on the registered document.now my grandma is no more. She expired during 2011. is that sale deed a valid one? What would be the solution to take possession of the property? Is there any possibility to file this case in criminal base? We got cheated. Please suggest the remedy
A pre-requisite condition required for a property to be Ancestral property is that it should be owned by the great grand father followed by grand father, father & present generation all in this linear generation living & enjoying the property.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
If it was a self acquired property of your grandfather then it and your grandfather passed away in 1968 then the daughters will have no share in the property. The property will be divided among your grandmother and her son equally. You can challenge the sale deed.
The property should not have ever partitioned & share in it distributed to any of the Hindu Coparceners as in any linear generation as mentioned above, in other words, it should be intact single property which is being used jointly by all members of the Hindu Joint family. Therefore, all property inherited by a male Hindu from his father, fathers father, or fathers fathers father, is ancestral property.
If it was a self acquired property of your grandfather then it and your grandfather passed away in 1968 then the daughters will have no share in the property. The property will be divided among your grandmother and her son equally. You can challenge the sale deed.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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