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Ancestral property

(Querist) 09 April 2014 This query is : Resolved 
One jagan was the owner of land after his death propert deoved upon his son joginder pal. Then by way of decree it was transfered in the name of his two sons s and k. S sold the property illegally to kimti. The sons of s can repudiate the sale deed on the ground of ancestral property. My query is 1. Wether it is the ancestral proprty quq sons of s or not 2. Wether sale deed can be declared illeagl. 3. Whether after the dectrr it looses the charcter of ancestral or not
Devajyoti Barman (Expert) 09 April 2014
1. No it is not.
2.No
3. Decree makes it self acquired property of S.
R.V.RAO (Expert) 09 April 2014
sri barman ji is brief but accurate in the reply.
to be ancestral any property should have passed hands from 3 generations and then landed in the hands of 4 th generation, say from great grand father to grand father to father to son.

property in above query does not pass this test. hence it is not ancestral property.

Reply is NO to item 1 and 2 in your query.
as for item 3 in your query,note the property never assumed the character of ancestral property. HENCE decree makes it self acquired property.
Rajendra K Goyal (Expert) 12 April 2014
1. No.
2. No.
3. Yes.


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