Grand son has any right in the ancestral property
GANGAM.RAJENDER.
(Querist) 07 November 2013
This query is : Resolved
dear sir,
my grand father has movable property which was partitioned in equal shares among the three sons of our grandfather.but my father alienated his property to the third party through registered sale deed and mutated.
Q1.SIR I AM THE MINOR(GRAND SON) DO I HAVE ANY RIGHT TO FILE A SUIT FOR PARTITION IN THE ABOVE SAID LAND WHICH WAS SALED.
Q2.MY FATHER HAS ANY RIGHT TO SELL THE ANCESTRAL PROPERTY DURING MY LIFE TIME.
Q3.THE SALE DEED WHICH WAS EXECUTED AND REGISTERED BY MY FATHER IS VALID OR NOT VALID.
GIVE ME SUGGESTION SIR.
THANK YOU SIR.
Rajat Bindal 09917149977
(Expert) 07 November 2013
If the said property is a self acquired property of your grandfather, he can alienate it as per his wish. So you don't have any right to claim.
However, if it is a co parcenary property then you can claim your rights.
Raj Kumar Makkad
(Expert) 08 November 2013
Land do not come within ambit of movable property as you have wrote in your query.
It is to be seen how your grand father acquired that property prior to replying your query.
Rajendra K Goyal
(Expert) 08 November 2013
Depends upon how your grandfather acquired the property.
V R SHROFF
(Expert) 08 November 2013
YES, if An Property. OP.
Vidhi Joshi
(Expert) 08 November 2013
If self acquired property you dont have ant right!
GANGAM.RAJENDER.
(Querist) 08 November 2013
RAJKUMAR MAKKAD SIR,
SORRY SIR THE PROPERTY MENTIONED IN THE ABOVE QUERY IS IMMOVABLE PROPERTY(NOT MOVABLE) AND IT IS SELF ACQUIRED PROPERTY OF MY GRAND FATHER.
IT WAS DISTRIBUTED AMONG THE SONS .WHETHER IT IS COMES UNDER SELF ACQUIRED PROPERTY OF MY FATHER OR ANCESTRAL PROPERTY TO MY FATHER.
PLS GIVE ME ANSWERS ABOVE MENTIONED QUESTIONS Q1 TO Q3.
IF ANY SUPREME COURT JUDGMENTS PLS PROVIDE SIR.
THANK YOU SIR
Guest
(Expert) 08 November 2013
Your query is not only incomplete but also vague.
Contact your local lawyer and ask him to explain the provisions of devolution of interest contained in the personal laws.
Advocate Ravinder
(Expert) 08 November 2013
First clarify my following doubts:
1) You said that your grand father had partitioned the property to his 3 sons. How he had partitioned. Whether it is oral partition or registered before sub registrar office.
2)Whether your grand father is alive or dead.
ABDUL RAZIQUE
(Expert) 08 November 2013
Kindly describe full fact otherwise you can not get perfect advice from our experts.
GANGAM.RAJENDER.
(Querist) 09 November 2013
experts ravider.p and abdul razique sir,
1.the partition was registered before the registrar office.
2.my grand father is alive.
pls give me the proper solution for above mentioned questions sir.
thank you sir.
Anirudh
(Expert) 09 November 2013
Dear Mr. Rajender,
You said that the property was the self acquired property of your grand father. I hope that your grandfather purchased the property after 1956.
In that case, when he distributed the same to his three sons, the three sons will take the property as their personal property. Therefore nobody else (i.e. either sons / daughters - i.e. grandson/grand daughter of the person who partitioned the property) can make any claim for any share. In such a situation the son/daughter or grandson / granddaughter have no right in the property at all.
ABDUL RAZIQUE
(Expert) 09 November 2013
Respected Rajendar Sb.
As per your questions and my knowledge,
A Hindu Male has absolute rights to challenge the sale of his hereditary property (a.k.a. ancestral property) upon attaining majority, if that property was sold while he was a minor. It doesn't matter if it was the father who sold the property, the sale is still invalid and it can be challenged by his son.
It can be challenged only on the ground that the sale was made not on account of a legal necessity or benefit of estate.
Advocate Ravinder
(Expert) 10 November 2013
I completely agree with Anirudh and disagree with Abdul Razique.
