Can we get our property share
sunithrani
(Querist) 05 July 2012
This query is : Resolved
My father had got 7 acres property fromhis grand father. Ancestral property after the death of the grandfather my fahter got property from his fahters elder brother by way of will. He after three years 1979 has sold all the 7.5 acres to his close friend by way of registeration which we were not aware till date since we all are small children now we are three of us me my sister and brother. the property is still with my fathers friend can we file a suit after so many years asking share of our property since my mother has not signed any document. Is it possible for great gand children to ask for this claim is so under what circumstance we can ask them.
Adv.R.P.Chugh
(Expert) 05 July 2012
Dear Ms.Rani,
1. Property that your father acquired via will becomes his absolute property in his hands and he is free to deal with the same as per his wish (See : C.A.Arunachala Mudaliar v. Murugnatha Mudaliar)
2. Even if we believe for the sake argument that this became ancestral property and you acquired a right in the same, the period of limitation has run out, you could have challenged this alienation within 3 years of attaining majority.
Rajeev Kumar
(Expert) 05 July 2012
Yes you can only challenge this alienation within the three years after attaining majority
