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Can grandfather sell out ancestral property without consent of family?


04-Jan-2023 (In Property Law)
We hava ancestral property of 7.5 acres agricultural land in one survey number. Out of this 7.5 acres, 2.5 acres were transferred by my grandmother (Fathers mother) to her daughter (Fathers sister) without informing to either my father or myself.My grandfather has expired in 1996. Does my grandfather has any right to transfer ancestral property without consent of my father or my self. I have checked the land records also, it reflects 5 acres of land registered in my name & another 2.5 acres in my Father's sister name I am 30 years old & belong to Hindu religion.
Answers (2)

Answer #1
868 votes
You have not mentioned when the property is transferred by your grand mother/father. As per law, your father, should challane within 12 years from the date of the alienation. Coming to you within 3 years after attaining majority. The total sale/gift deed executed by your grandfather is not invalid. It is valid to the extent how much he would get if partion had taken place before his death.

Answer #2
971 votes
Hi,
This is M.A RAHEEM KHAN Advocate, From : Hyderabad, @ lawrato.com

If the property which is self acquired by your grand father then he have a right to sale the property without consent of any family members, if property acquired by your grand father from his ancestral then he cannot sale the property without release your and other family members shares as per the Hindu law.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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