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Can ancestral property sale or gift Deed be cancelled


05-Sep-2023 (In Property Law)
Hi, my grandfather had a ancestoral property in our village. My grandfather had a dispute with his elder brother and in the anger he left the village in 1965 and gave his part of share to his second brother and we were told that property is sold to him. Now in 2000 when we checked all property is transfered to my grandfather's second brother. Can we challenge that sale / Gift deed as that properly was our ancestoral property. Do we have any right to reclaim that. My grandfather passed away in 2013.
Answers (1)

Answer #1
732 votes
If your grandfather didn't have any issues at that point of time then there was no legal error on his part if he transferred his share of property because coparcenary rights are available only after the birth of the child. However, if your father was alive at that point of time then he could not have transferred the share that belonged to your father as a coparcener.
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