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Can sold ancestral property be claimed as a legal heir


27-Jul-2023 (In Property Law)
My father had agricultural land and it was not divided among heirs. He did not allow us(Myself& mother) to stay with him so we were living seperately.My father expired last year and we got to know about the sale when we applied for copy of property documents in taluk office. Recently we got to know that he has sold some part of land in the village without my or my mother's consent.It was also kept secret. The sale has happened in year 2000.The property was not divided among Me,my mother and father(legal heirs) during that time and it is not divided now also.Can i file civil suit to reclaim the sold property? Is it allowed in law to challenge sale after 17 years since it was kept in secret with us?If i have chance to challenge sale and claim property how much money court will ask me to pay to buyer who owns the property now?
Answers (2)

Answer #1
505 votes
What all you narrated are one part of what the Law requires.for a moment forget about the money Court requires you to deposit in case you file a case against the buyers, what is more important is how your father came to own the agricultural lands that he later sold ?

Answer #2
672 votes
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises.

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