sale of ancestral property

Querist : Anonymous (Querist) 13 March 2010 This query is : Resolved
Sir.
My father has sold the ancestral property before four years ago but now it is come to our notice can I cahllange that registery now. kindly advice.

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adv. rajeev ( rajoo ) (Expert) 13 March 2010
Yes you can challenge it by filing a suit for partition.

Querist : Anonymous (Querist) 13 March 2010
sir,
thank you very much for advice

Guest (Expert) 13 March 2010
i do agree with Mr Rajeev

Raj Kumar Makkad (Expert) 13 March 2010
It can be got challenged within 3 years of he date of knowledge so you can do so if you desire.

Kumar Thadhani (Expert) 14 March 2010
With due respect I agree with the opinion of the experts.

Parveen Kr. Aggarwal (Expert) 16 March 2010
Yes. You can challenge the alienation by filing a suit for declaration to the effect that the alienation is unauthorised and not binding on you and as such liable to be set aside and for possession by way of separate possession of your share in the property.

The limitation of filing such a suit is Twelve years in terms of Article 109 of the Schedule appended to the Limitation Act, 1963 which provides that a suit by Hindu governed by Mitakshara Law to set aside his father's alienation of ancestral property can be filed within twelve years from the date when the alinee takes possession of the property.

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