Girls share in sold property of grand fathers property ...

Dear Querist,

I have got the following to opine after reading the facts :-

1. Can I claim my share in the Remaining property.

Yes - since the property was originally derived by your father through his father - it is ancestral property in which you have a birth right. You can do this by seeking partition. 

2. Can I also claim my share in sold property as my brother sold the property via POA of my father without intimating me?

Already completed sales can also be opened up depending upon time elapsed since respective sales. Such sales normally can be challenged within 12 years. 

3. Will all the purchaser will be in trouble if i file a suit against them as the dont  partook my consent ?

Same as answer to point 2. 

4. Which case should i file against my brother and the purchaser ? Does this property can be called ancistral property because it is not my fathers property but my grandfathers property ?

Yes it is ancestral property - when you challenge the the alienations made - the burden would be on purchasers to prove before the court that the sales were made by your father for legal necessity or benefit of estate - if he fails to prove the transactions would fall. 

5. What should i do to recover my share in whole property ?

You file for declaration for all these transactions to be declared null and void. and also seek partition. 

Feel free to talk !

Regards,

Bharat Chugh

Advocate

Sir but many legal advisors have this opinion :-

If the property belonged to your fore-fathers before & has remained un-partitioned till now, only then it is ancestral property.
If the property has been partitioned & your father is the owner of his share (by inheritance) then it is his self acquired property and not ancestral.
It was his destiny, as a coparcener, to inherit a share of your great grand father's property at the time of partition.
Now he can dispose of the same as he wishes.

Please let me know that is this correct. And what will be the suitable section for my case. 

sir 

my mothers mothers property gained from his mother was sold recently 

my mothers mother has sold the property ans sons of my mothers mother are appealing of not giving a share on this property to my mother .Is this appaeal correct we can alternative chance to claim value

my mothers mother has 2 boys and 2 girls

my mothers mother has her own property on her name can my mother claim any amount of that property on sale or on appeal to acourt .my mothers mother is still alive aging qabout 65 years 

pls reply me with ur usewful suggestations

bharath 8801715069