J.S.Walia (Asstt. Manager (F&A)) 31 May 2012

Ancestral property

My friend living at S.A.S. Nagar (Mohali) are three brothers and one sister. His parents owned a house at Mohali. After death of father, my friend came to know that house of his father has been entered in the name of one his brothers through a Regd. Sale Deed. Thus, the said brother is not giving due share from that ancestral property. Kindly guide me remedy available for my friend for getting due share and if the Regd. Sale Deed in the name of his brother can be challenged in a court of law.

Thanks & Kind Regards.

( Jagmohan)

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3 Replies

Sanyam Malhotra (Advocate) 31 May 2012

Yes Mr. Walia! You must challenge the sale deed vide which the house/property has been transferred in the name of 1 of the brothers. A civil suit is maintainable.

For legal help and advice you can contact me on 9915000267. I am located in Chandigarh

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 31 May 2012

Dear Mr.Walia,

Was it the self acquired property of the parents ? If yes - there is nothing that could stop them from gifting or selling it to one of their sons to the exclusion of all others.

The answer would be no - the sale deed does not stand (except to the extent of your father's share in property) in case the property is ancestral or when it was brought the consideration came from nucles of ancestral property.

Feel free to talk !

Regards,

Bharat Chugh

Advocate

Guest (Guest) 07 June 2012

On what basis do you call the property as 'ancestral'? If the property is ancestral, the father could not have gifted/willed/sold it beyond his share in the property. If the property was the self acquired property of the father, he was at liberty to sell it to anyone, and the same cannot be impeached. However, if the property is ancestral in nature, it shall devolve equally on all the coparceners, and the sale deed inasmuch as it transacts the share of the other coparceners, is void.

Regards,

Ashish Davessar

Advocate

Amritsar,Chandigarh