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phani raj kumar (software engineer)     28 January 2010

Ancestors Property query

HI all,

I have a query regarding the ancestors property. my wife's grand father has divided his land to his 3 sons. my wife's father has a share and also bought  and registered the share of his brother. He has further registered the property to my wife. My question is,  do my wife's uncle son's have right to file a case on this?

Thanks,

Phani.

 



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 5 Replies

A V Vishal (Advocate)     28 January 2010

Is your wife's cousin a major or minor, further Ancestral immovable property is ordinarily inalienable, except for necessity or with the consent of descendants, who are majors and in case of minors there is no necessity of consent as on the date of alienation.

B K Raghavendra Rao (Senior Advocate)     29 January 2010

When your father-in-law has purchased the property from his brother, the seller (your wife's uncle) must have sold the property for legal or family necessities and sold on behalf of his minor children if any.  Otherwise, if the children are major, the major children should have been made consenting witnesses.  Under this circumstance, your wife's uncles son cannot raise any dispute over the property.

Isaac Gabriel (Advocate)     29 January 2010

Presumably, your wif's father would have created a sale deed while purchasing the share of his brother,and so there is no right for the sons to make any claim on the sold out property for any consideration.

phani raj kumar (software engineer)     29 January 2010

Hi all,

Thanks for your responses. Actually one of my wife's cousin has singned as witness. And all of them were majors at the time of registration. Its already 5 years since this taken place. How to proceed further if they file a case.?

Thanks,

Phani.

A V Vishal (Advocate)     30 January 2010

If they are majors at the time the transaction has taken place and further if they have signed as witnesses then there is no need to worry.


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