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Land issue of mygrand father

(Querist) 10 July 2013 This query is : Resolved 
1. My Grandfather had a property of 8-00 acres in which 3-00 he had got from this parents and remaining 5-00 acres my grand father had purchased from Original Owners through simple deed even though my grand father is pattadar and khastudar for 3-00 acres and for 5-00 acres he was as a khastudar in Revenue Records.


2. My Grand father had two sons one elder son and other younger son my grand father had shared the property both of the sons equal.

3. My father ( Elder son ) had sold the property to his own brother ( Younger Son ) past 10 Years back at that time we are minor but my sister is major and crossed 18 years age and but in the documents only my father had signed. Not even my mother, sister & my self.

4. can I get the Share of my grand father Property to me kindly give advice sir
Dr. Jyothi Vishwanath (Expert) 10 July 2013
Yes you are entitled to share in the grandfather's property. The sale made by your father to his brother will hold good only to the extent of the father's own share and does not affect the share of you and your siblings. A suit for setting aside the transaction has to be filed in the court.
But since your sister was major at that time, she could have challenged it before the court all these days. But she did not. All depends when you have attained majority.
Rajendra K Goyal (Expert) 10 July 2013
Agree with the expert Dr. Jyothi Vishwanath ji. You have not mentioned when you became major.

Morally, the property was sold by your father to your own uncle,should you claim?
Raj Kumar Makkad (Expert) 10 July 2013
It is neither legal nor ethical to claim such sold property.
vasu (Querist) 11 July 2013
1. My Grandfather had a property of 8-00 acres of Land in which 3-00 acres he had got from his parents and remaining 5-00 acres of land my grand father had purchased from Original Owners through simple sale deed even though my grand father is pattadar and khastudar for 3-00 acres of land and for 5-00 acres of land he was also a khastudar in Revenue Records. But my grand father had died in 1999 but my grand father didn’t share the property to both of the sons and till today my grand father is continuing in Revenue Records.

2. My Grand father had two son’s one elder son and other younger son my grand father didn’t shared the property to both of the sons. My grand father sons its self shared these property Even though my grand father name is continuing in the Revenue Records.

3. My father ( Elder son ) had sold the property to his own brother ( Younger Son ) past 10 Years back through simple sale deed at that time we are minor but my sister is major and crossed 18 years age and but in the documents only my father had signed. Not even my mother, sister & my self.

4. But till today my grand father is continuing in Revenue Records as pattadar and Khastudar in revenue Records at an extent of 3-00 acres and for 5-00 as a khastudar .Can, I get the share of my grand father Property to me ( I am the Elder Son of the Son ) kindly give me a advice sir


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