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anilkumar   23 January 2020

Ancestoral property claim by son after 30 years of alienation by his father

hi sir/madam, requesting for guidance on this property ,it is ancestoral property of said person X mutated in his name in year 1967 through panchayat parikath. In year 1987 the propery was alienated to mr subbarao by mr X,then subbarao sold to mr reddy in year 2001, then mr reddy sold to mrs jain in 2005, mrs jain sold to mr.narayan in year 2006. Mr Narayan dc converted the land took bmrda approval formed n sold sites in year 2016.Now the son of Mr X has filed petition IN high court in the year 2019 ,for claim and cancellation of the sale happend in 1987 by his dad ( mr.X) What is the time limiation for claiming legal rights of ancestoral property? in this case the claim is done after 33 years. 4 Sale deeds are done after 1987 to different parties? so as per law is there a chance of cancelling all the sale deeds from 1987 to 2019?


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 7 Replies

Shashi Dhara   23 January 2020

Engage advocate high court has no jurisdiction to order it will rejects it and advice it to approach competent civil court and to lead proper evidence with relevant documents to prove his contention.

manoj   24 January 2020

The said Sale Deed will be valid against the True Owner. The opposite party will claim Adverse Possession to the property. If you want i will provide Judgment to the said issue

V E MANOJ KUMAR

ADVOCATE

CELLNO 8686159292

 

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 January 2020

ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry except the wastage of time running from pillar to post in the court premises.

Shashi Dhara   24 January 2020

At the time of alienation if son is minor then father is natural gaurdian and he can alienate It for family benifit if the son was major the limitation law applies.today land value is boomed so these type of illegal litigations .
1 Like

anilkumar   01 February 2020

hi sir,

so since the time lapse is 33 years from 1987 to 2019  which  is more than 12 years as you mentioned,  , the time barring is applicable in this case?

 

so the said person mr X sold land in 1987.

he has 2 daughters n 1 son.

first daughter was 25 years old in 1987 when he sold the land.

second daughter was 5 years in 1987.

SON was 3 years old in 1987.

so only first daughter was major in 1987,..can she claim the land in the year 2019 by filing petition in civil court?

the said land is now BMRDA approved dc converted layout filled with sites and houses.

 

 

 

 

anilkumar   01 February 2020

hi sir,

so since the time lapse is 33 years from 1987 to 2019  which  is more than 12 years as you mentioned,  , the time barring is applicable in this case?

 

so the said person mr X sold land in 1987.

he has 2 daughters n 1 son.

first daughter was 25 years old in 1987 when he sold the land.

second daughter was 5 years in 1987.

SON was 3 years old in 1987.

so only first daughter was major in 1987,..can she claim the land in the year 2019 by filing petition in civil court?

the said land is now BMRDA approved dc converted layout filled with sites and houses.

 

 

 

 

anilkumar   01 February 2020

thank you sir for your kind guidance.

hi sir,

so since the time lapse is 33 years from 1987 to 2019  which  is more than 12 years as you mentioned,  , the time barring is applicable in this case?

 

so the said person mr X sold land in 1987.

he has 2 daughters n 1 son.

first daughter was 25 years old in 1987 when he sold the land.

second daughter was 5 years in 1987.

SON was 3 years old in 1987.

so only first daughter was major in 1987,..can she claim the land in the year 2019 by filing petition in civil court?

the said land is now BMRDA approved dc converted layout filled with sites and houses.

 

 

 

 


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