LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

arif (self)     21 July 2013

ancestrial property

my great grand father bought a agricultural land after his death land distributed on my grand father and his brothers name in 1945 after his death in 1985 it is divided in my father and his 2 brothers name now what my fathers got in share is in his name that is 7/12. now my question is that can he is able to sell this without telling me?


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     21 July 2013

Yes after partition your father has become absolute owner of the property and he has every right to sell or transfer it as per his wish.you can not challenge him.

sharad (Partner)     21 July 2013

Please refer to the most recent decision of the Supreme Court on the issue:- Rohit Chauhan vs Surinder Singh and Ors., decided on 15-7-13.

According to this judgement, the settled position of law is that the ansisteral property after division becomes absolute proprty of the co-parcenor and he can deal with it as he desires. But the moment a Son is born, the son gets share in the property and hence the father looses his absolute interest.

arif (self)     21 July 2013

And thanks for reply

arif (self)     21 July 2013

So can I claim as my date of birth is before 85 that's is 1973

arif (self)     21 July 2013

plz reply me in reference of sc order Rohit Chauhan vs Surinder Singh and Ors., decided on 15-7-13. can I challenge the sell deed now

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register