How to cancel a sale deed of ancestral property of impersonation
Querist :
Anonymous
(Querist) 05 January 2012
This query is : Resolved
sir,i am the 1st wife son to my father.both are not divorced.my father and grand father sold a 4 acre property in the name of my fathers 2nd wife daughter with out including my name in the sale deed.at that time i am 17. the sale has made in 2005.now my grand father is passed away and i want to get that property back.please help me to get a remedy for this case.
Devajyoti Barman
(Expert) 05 January 2012
Without wasting time file a suit for partition and injunction if that property is ancestral in nature. You have a due share in it.
Raj Kumar Makkad
(Expert) 06 January 2012
The property sold by your father was not an ancestral property as according to you the same was sold during the life time of your grand-father. It is not possible to get inheritance of the ancestral property during the life time of the father so it was self acquired property of your father which he sold during the life time of his father so you or your sister born out of second marriage of your father have got no right, title or interest to challenge the sale made by your father as alleged.
prabhakar singh
(Expert) 06 January 2012
You can claim right only if this property was acquired by your great grand father and more over you state you were 17 at then in 2005,you attained majority in 2006,so plain limitation was alive only up to 2009,to file any suit to cancel the instrument.you can try on partition suit without mentioning the deed provided you are able to proved that it initially belonged to your great grand father or his ancestors.
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