Clarification on purchase of ancestral property


Mr. Popat sold 62.50 sqm (out of 125 sqm) Ansestral property to one of his son Mr. David in Feb 2015 and I have purchased it from David in Jul 2017. My name is also recorded to Land record office. Mr Popat also made registered Will on the name of his 6 married daughter's far same property. Now, David's sister's want back this 62.50 sqm land and threatening me. Please guide me I am safe or not. Kindly use simple English wording. Ownership details: R- Owner till 1975-Grandfather P-owner till 2015-Father D-owner till 2017-Seller N-present owner (myself)


Answers (1)

Hi. Since it's an ancestral property, Mr Popat could not have sold 62.5 sq.mtr of plot to his son without consent of all other holders. So this sale is actually invalid in law. Now since Mr Popat could not sell to his son David, what David sold to you also becomes invalid. However if at the time of sale you did not have notice about the property being an ancestral property and have paid proper value for the plot then you become a bonafide purchaser without notice. If you did have knowledge that the property is an ancestral property then the sale in your favour by David is not protected. I assume you just relied on the sale in favour of David and bought the plot. You should have done proper due diligence before buying. So in case if this dispute is taken to court then you can protect your title to the plot by saying that you are a bonafide purchaser for value without notice and you carried out proper due diligence before buying the plot. That onus will be on you. Now coming to the next point that Mr Popat had willed away the bigger plot in the name of his 6 daughters, that again could not be done since the property is an ancestral property and Mr Popat can only Will his undivided share in the plot and not the entire plot. So you can easily defend the claim made by David's sister. Thanx.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Prabhjit Jauhar
Connaught Place, Delhi
22 years Experience
Advocate Harish Malhotra
District Court, Gurgaon
22 years Experience
Advocate Rajesh K.S
LH House, Bangalore
13 years Experience

Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Legal Services

Document Review - Sale Deed

4.8 | 73 ratings
Review + 30 Min phone call - Sale Deed review by a local experienced advocate
Property Registration

4.7 | 291 ratings
Get your property registered through an experienced local advocate
Title Opinion Report

4.8 | 193 ratings
Get a detailed Title Opinion Report by expert real estate lawyers in your city
Draft an Agreement to Sell

4.9 | 94 ratings
30 Min Intro call + Start to finish help - Agreement to sell drafted by a local experienced advocate
Property Verification / Due Diligence

4.8 | 421 ratings
Property Verification, Title Search and due diligence conducted by a local experienced advocate
Legal Notice for Delay in Construction

4.4 | 24 ratings
30 Min Intro call + Start to finish help
15 Minutes Property Advice Session by Phone

4.8 | 541 ratings
Ask questions and get advice from a local experienced advocate on your Property Matter
Document Review - Agreement to Sell

4.7 | 108 ratings
Review + 30 Min phone call - Agreement to Sell review by a local experienced advocate
Draft a Sale Deed / Property Purchase Agreement

4.6 | 197 ratings
30 Min Intro call + Start to finish help - Sale Deed / Property Purchase Agreement drafted by a local experienced advocate
Document Review - Gift Deed

4.3 | 37 ratings
Review + 30 Min phone call - Gift Deed review by a local experienced advocate
Draft a Gift Deed

4.6 | 182 ratings
30 Min Intro call + Start to finish help - Gift Deed drafted by a local experienced advocate
Legal Heir / Succession Certificate

4.8 | 71 ratings
Apply for a Legal Heir / Succession Certificate through a local experienced advocate
Similar questions

my grandfather had two wives .my father was to the first wife and the second wife has two daughters. they had got married 20year ago. we have 4acres o…

Read More

My father sold property to his dad in 1987 but his dad dint pay him the amount which is clearly mentioned in the deed now dadaji is no more. Dadi made…

Read More

My grandfather will the property which is having 209 sq yd total plot size. As per will property has been devided in 2 parts of 104 sq yard each. This…

Read More

Hindu family: My father is the only son to My grandfather. and My Grandfather has a sister (no children) bought a house (with her earned money); and s…

Read More

Talk to a lawyer for your legal issue