Rajesh 31 March 2021

Ancestral property dispute

Dear Respected sir,

Thank you for giving me opportunity to join the Lawyer's club india. i need your valuable inputs/ suggestions on the below case

My Great Great Grand mother had Agricultural land in her name she had 3 children's

X1 X2 X3 , Great grand mother gifted her agriculture land to X3

X3 gifted his property to her own sister that is X2

X2 had 1 son and 6 daughters

X2 along with her son sold to property to external person in 1956

after 10 years, one off 's X2 daughter husband bought the property from external property on his name in year 1967

now X 2 grand son ( son's son) has filed case on X2 daughter husband who bought the property that he need his share as the previous 2 sale deed was not legimate. he filed his case in 2020.

X2 daughters husband has gifted his property to his children

kindly suggest or advice does the above case any legimate value

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8 Replies

Shashi Dhara 01 April 2021

He has no right ,u have not stated that he was born at that time when transaction was made ,if he was unborn he cannot file suit,u tell it belongs to great great grand mother ,then it don't come to ancestral property.

P. Venu (Advocate) 01 April 2021

There is no cause of action unless the property is situated in Kerala and was under Joint Hindu Family Property. Even then, the chronology of the events matter. Please post complete facts.

G.L.N. Prasad (Retired employee.) 01 April 2021

All these are ultimately threats and can never materialize as this involves decades of litigation. Ignore threats as nothing is in your hands, As the opposing party has reportedly initiated proceeding and defend the case with a local advocate. The local advocate can study the history, documented facts, chronological facts, court fees paid, etc., and can file a counter. At this stage, opinion rarely counts, as facing a practical issue is before a competent court.

SHIRISH PAWAR, 7738990900 (Advocate) 01 April 2021

Hello,

X2 has sold the property during her lifetime. The property was gifted to X2 so she has rights to dispose off the property as per her wishes. So X2's grand son has no right to file the present suit.

1 Like

Rajesh 01 April 2021

@shashi dhara sir, X2 sons son was born, he was barely 6 or 7 years old

Shashi Dhara 02 April 2021

Father is natural gaurdian ,he has right to sell for minors benifit as minor gaurdian it is ancestral or co parcenary joint Hindu family property.if minor son want to question he has to approach court before he completes 21years..