Ancestral property

Nitin (Querist) 16 October 2016 This query is : Resolved
We have ancestral property. One of our uncle died in 1984 leaving behind two daughter and wife. Daughters are married now. We jointly held this ancestral property and there is no title of deed. One of his daughter requested her mother to donate some portion of her share and we signed NOC in that matter. Later on we came to know that daughter sold that donated portion of land to third party.
Can we challenge this in the court ?????????

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Rajendra K Goyal (Expert) 16 October 2016
How the property is ancestral, who, when purchased it?

How it came in the name of your uncle.

In whose name the property was?

Whether the donation was through registered gift deed?

Owner can sell his undivided share, other shareholders can not object.

Nitin (Querist) 16 October 2016
Property was of my grandfather. He purchased it during 1970. After that he died intestate and we 4 grandson and widow aunt are holding as joint owner of our grandfather's land which is registered in registrar office. daughter of widow aunt who is married requested to donate one portion of her share so we gave NOC on stamp paper. But she sold to third party without our consent. Is this legal ?????? If not can we challenge this in court ?????????

Nitin (Querist) 16 October 2016
Property was of my grandfather. He purchased it during 1970. After that he died intestate and we 4 grandson and widow aunt are holding as joint owner of our grandfather's land which is non registered property.daughter of widow aunt who is married requested to donate one portion of her share so we gave NOC on stamp paper. But she sold to third party without our consent. Is this legal ?????? If not can we challenge this in court ?????????

Kumar Doab (Expert) 16 October 2016
It is felt that you are Hindu.

NOC might not necessarily be relinquishment.

If it was NOC then how come it was donation to her?

Kumar Doab (Expert) 16 October 2016
Regret while I was posting, in the meantime there were 3 posts.

How does NOC on stamp paper award ownership and right to sell?

Nitin (Querist) 16 October 2016
Exactly this is my point I want to know. can we file a legal action against her daughter who sell it and also against who purchased it ?????

Guest (Expert) 16 October 2016
Your query, "CAN we file a legal action against her daughter who sell it and also against who purchased it." Nobody can debars you from filing any legal suit against her. But the court's decision would depend upon the merits of the case and solid evidence and the language of the NOC about which you have not given any description.

Better get the case examined from some local lawyer to get any purposeful advice based on the case related documents.

Ms.Usha Kapoor (Expert) 17 October 2016
Contact some property expert lawyer.

Rajendra K Goyal (Expert) 17 October 2016
Agree with the expert P.S. Dhingra ji.

Kumar Doab (Expert) 17 October 2016
You may explain in detail what exactly do your mean by:

"there is no title of deed.................which is non registered property"

Rajendra K Goyal (Expert) 20 October 2016
Repeated:

http://www.lawyersclubindia.com/experts/Ancestral-property--620126.asp

http://www.lawyersclubindia.com/experts/Ancestral-property-620591.asp

Kumar Doab (Expert) 20 October 2016
Why to repeat?

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