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Grandfather property sold by son without giving share can we file case


24-Oct-2023 (In Property Law)
My wife's grandfather has purchased a property in 1993. He expired in 2004. In 2016 my wife's father along with my wifes uncles sold the property. What legal course of action can be taken on my wife's father & the purchaser of the property?
Answers (1)

Answer #1
858 votes
Hi
Need to know the following
a) How did your wife's father get hold of his father(your wife's grand father property)? Was it by partition or a gift deed ?
b) Was your wife's father the only son of his father?
Generally subsequent to passage of hindu succession act 1956 and by virtue of section 8 of Hindu succession act, even assuming the property is ancestral, your wife's father can dispose of the ancestral property.
However if you want to challenge the transfer, then we need to know the answer to the above questions.

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