LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RISHABH   24 March 2017

Legal rights of only girl child in ancestral property.

I was the only child of my parents and unfortunately my both parents are dead now. But before death my father sold ancestral house which was inherited to him from my forefathers without my consent. Whether my father had the right to sold this property without my consent ?


Learning

 10 Replies


(Guest)

Where did that money go?

Kumar Doab (FIN)     24 March 2017

Isn’t it same query:

https://www.lawyersclubindia.com/forum/Married-daughter-right-in-her-father-s-ancestral-property--145696.asp

RISHABH   24 March 2017

As per copy of regestered sale deed (regestery copy), sale proceed of Rs.3,00,000/-(against the circle rate value of the property Rs. 21,67,000/- ) was made to my father before date of sale deed. There is no narration of mode of payment and also bank account of my father doesnot show any such entry i.e. Money Consideration appears ficticious.

All the house hold items are under my lock and key whereas in regestered sale deed it is mentioned that possition of the house has been given to the purchaser. I am married now & resides out of city now.    

Asgher Mahdi (Advocate & Legal Advisor)     27 March 2017

Sorry to say you need to mentioned your religion so that correct answer may be provided. For instance,if you be Muslim Mohamed law will apply.

Kumar Doab (FIN)     27 March 2017

Also post who was 1st owner from your forefathers; e.g; Great Grandfather of your father...............?

 

Was it partitioned later? 

 

 

RISHABH   27 March 2017

Originally posted by : Helping Hand !
Where did that money go?

As per regesterd sale deed money was paid before the date of regestry but I have not found any trace in my fathers bank account / money in cash form. I am unable to know when and how the money was paid and where the money is gone ? My father never told me about that money nor he left any traces of receipt/expenditure of that money. 

RISHABH   27 March 2017

Originally posted by : Asgher Mahdi
Sorry to say you need to mentioned your religion so that correct answer may be provided. For instance,if you be Muslim Mohamed law will apply.

my religion is HINDU.

RISHABH   27 March 2017

Originally posted by : Kumar Doab

Also post who was 1st owner from your forefathers; e.g; Great Grandfather of your father...............?
Was it partitioned later? 

 
This house property may be approximately 100 years old and probably it was first owned by my great grand father.

I am sure that this property was partitioned after the death of my grand father.I am also sure that this partition is only on mutual understanding and this partition document was not regestered. 
 

 

Kumar Doab (FIN)     29 March 2017

Ancestral Proeprty is Property inherited upto 4 generations of male lineage.

If partitioned in between it looses its ancestral character.

 

 

You have posted that:

There is no narration of mode of payment and also bank account of my father doesnot show any such entry i.e. Money Consideration appears ficticious

 

This house property may be approximately 100 years old and probably it was first owned by my great grand father. I am sure that this property was partitioned after the death of my grand father.I am also sure that this partition is only on mutual understanding and this partition document was not regestered.

 

 

It was posted for you that:

 

The language in your last post is confusing or there is some typo error. It was sale deed to your father or sale deed by your father. The stamp duty was paid as per circle rate or not? Obtain mutation records from beginning till last transaction with all link docs also and show to a very able counsel specializing in revenue/property/civil matters for a considered opinion. The counsel can also opine if the property was ancestral or not! If sale deed by your father was not valid, don’t leave possession.

 

If the property is ancestral ( and not partitioned by  a valid partition deed) then you have equal share. If the property is self acquired and was not disposed of by a valid  deed by your father in his life time and if he did not leave a valid WILLthen you have equal share”

Asgher Mahdi (Advocate & Legal Advisor)     06 April 2017

Since you claimed so the said allienated property by your father is an ancestray property then your father cannot allienate completely but to his extent. You have a good case if it comes under the limitation. I am not sure what was your age when he sold at least to give some ground.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register