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Grandfather property rights

(Querist) 29 September 2012 This query is : Resolved 
Hi,

I am udaya kumar, my grandfather has a house in chennai. My grandmother died on year 2000 after 3 months my grandfather property was been sale to his 3rd son only(my uncle)for few money. My grandfather had 4Sons and 2Daughters. my father is the 1st son of his family. my father also sale a nearby land for the purpose of built a house on grandfather property. Last year my grandfather is also Died. But now only we came to know the property was named to my uncle. What can i do.

please give me your advice. Whether any legal possibilities are there.

Sankaranarayanan (Expert) 29 September 2012
who sold the property to your uncle. who shared the money which came by that sale of property, IS that property is your grandfather,s self occurred and own property?
If it is his own then he had full right to sell it.
prabhakar singh (Expert) 29 September 2012
YOUR FATHER CAN FILE A SUIT OF CANCELLATION OF SALE DEED MADE IN FAVOR OF YOUR UNCLE THAT IT WAS RESULT OF FRAUD PLAYED BY YOUR UNCLE UPON YOUR GRANDFATHER WHICH HAS JUST COME TO LIGHT.
CONSULT A LAWYER OF AREA TO EXPLORE.
Raj Kumar Makkad (Expert) 30 September 2012
After death of your grand-father his widow and his every children became equal owner/co-sharer to his properties so he sale made by your uncle is null and void and is liable to be set aside if your father challenges that sale in the civil court. You shall have to engage a civil side dealing lawyer and shall have to put your entire case before him and then follow him.
UDAYA KUMAR (Querist) 30 September 2012
thanks for the suggestions given by lawyer experts. I will consult a civil lawyer for this case.
MohammedRaffiq Bijapur (Expert) 02 October 2012
Brother
If the property is ancestral ur grandfather has no right to sell to his 3rd son. at the very worst the sale will only bind to the extent of ur grand father's share. others have interest in the undivided property. So place all facts to lawyer and institute suit. U will definitely fine reward.


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