Ancestral property

Sir,

Seek cancellation of the sale which was already made, file a criminal case for cheating and forgery .....

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

www.kapilchandna.legal 

Which personal law applies in your case?

Are you all Hindu?

The said property (whole) is agricultural land, rural, Urban, or it is a building?

Your mother was married as on date of his father?

The property is in which state?

Was your maternal grandfather 1st owner of the property amongst forefathers?

Was IT ever partitioned?

Has your very able senior LOCAL counsel of unshakable repute and integrity specializing in Testamentary/Succession/Civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you have shared inputs /shown the documents/evidence for a considered opinion.. confirmed that property is indeed ancestral (Pushtaini) or self acquired?

The whole property is disposed by WILL?

Confirm!

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC, SC……

If the property is indeed ancestral then WILL may not be valid!

The testator cannot dispose share of others by WILL.

The tile holder/owner cannot sell share of others.

If your maternal grandfather sold HIS property by appearing before registering authority then the sale may be valid.

Ancestral Property: is the one that is four generation old …….acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter

Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

You have already contested the WILL.

Your own counsel as alresdy suggested above that is well versed with case history and documents on record is to help you to succeed in court for WILL as well as the sale that you may intend to oppose.