Right to ancestoral property
mukund gundyal
(Querist) 14 March 2012
This query is : Resolved
I had purchased a agricultural land in 2003, from Mr X, who had received this land from his father. both were alive.at the time of execution of sale deed we had not obtained the signs of his sons.Since 2003 i am cultivating the land. Now after 8 years the son of Mr X is claiming his right over the property . saying we have not obtained his consent . Even now his father Mr X is alive. The son have lodged a case against me and his father. can he do so?
Adv.R.P.Chugh
(Expert) 14 March 2012
Dear Querist,
A lot would depend really on how Mr.X got the land, since Mr.x's father was alive at time of sale deed, it couldn't be a will or by way of succession.
This is important as it determines whether Mr.X's sons have a right in the property or not.
If the property was their grandfather's self acquired property given to son Mr.X exclusively they have no right - and the sale deed stands valid - however if the property was ancestral in the hands of Mr.X's father - he could not have excluded the grand children by executing a sale deed in your favour. In which case it is coparcenory property and Sale deed in your favour holds good only to the extent of share of Mr.X and his father, and not as regards the son's shares.
Raj Kumar Makkad
(Expert) 14 March 2012
You shall to check the mutations entered in the revenue record since last 3 generations to X and accordingly shall have to obtain the legal advice whether the aforesaid land was an ancestral which might have been gifted by father of X in his favour during his life time.
It is prior condition to know the nature of the land before commenting finally.
ajay sethi
(Expert) 14 March 2012
agree with experts
ESTHERPRIYA
(Expert) 15 March 2012
Need to check whether the son has right in the property. If he does not have any right then the claim made by the son is not valid and your ownership is perfect.
mukund gundyal
(Querist) 15 March 2012
Thank you Sir , Mr Adv Bharat Chugh, Adv Rajkumar Makkad , Ajay Sethi and Estherpriya ,
