Son file case on his father about ancestral property
royal
(Querist) 19 January 2013
This query is : Resolved
Dear Sir,
Please help me regarding this..
My Mother(Will Not Name Her---Person A)
My Uncle Son(Blood relation to my Mother--Person B)
Person B Son(Person C)
Land Purchaser(Person D)
Person B was running a business & he need a financial help to run his business. He came to person A & ask for help . Per B applied for loan for Bank, but bank need gurantor. Person A become gurantor & provide her house property to bank as gurantor to help him.After some years, business get in Loss & person B shutdown the factory. But he dont have money to clear Bank Loan.
Per B gives his agricultural Lands,Regsitered Power of Attorney to Person A. He told that u sell my property & clear the bank loan & release your house.Person A sold his property to Persn D & Clear the bank loan.
Now Person B is started thinking criminally. He want his land bank.
So he took his son favour & files a case.
Person C file case in court against Person A,B & C also. they want their land bank.saying dt this land is ancestral property & person B cant sell this.
waiting for ur fasr reply.. thanks
Raj Kumar Makkad
(Expert) 19 January 2013
B can definitely sale upto his portion in the ancestral property as he was in need of money to clear his bank loan, however, the matter of ancestral property qua all other legal heirs of B can be raised at any time.
royal
(Querist) 20 January 2013
thank you very much raj kumar sir..
having some more doubt.. Please clarify those also..
1)what will happen in this case. Because this is ancestral property. Person C claim that they want the land back
2) heard somewhere that ancestral property law demolished in 1978.. is that true?
Raj Kumar Makkad
(Expert) 20 January 2013
1. the share of the son shall have to be reverted in the given case so better to make compromise by offering reasonable amount to the plaintiff son of seller.
2. Incorrect.
