Chethan Jagathap (Senior Specialist) 21 February 2015

Right of grandson on grandfathers property

Hi Sir,

I read some of your answer for the queries raised. Similar to one of those which you had answered. I am facing a problem, the problem is

person "X" sold the property in favour of person "Y" in the year 1951 registered in sub registrar office karnataka

Person "Y" sold the property to person "Z" in 1976 registered in sub registrar office

Person "Z" transferred the property to his 2 sons.

Now the problem is person "X" who sold the property in 1951 his grandsons have come up with claiming that the property which was sold in 1951 was illegally sold because my grandfather got ancestral property and we have the rights on the property.

Grandsons age as of now 31 and 28 and person "X" son is expired now.

How to dispute this issue? Does the grandsons have rights as they were not born at the time of sale of the property? Please suggest me if there is similar case which has been disputed or any order from court for similar issue.

Regards,

Chethan

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4 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 21 February 2015

SOME DECADES PASSED. NOW, AFTER A LONG TIME HOW THEY CAN GET RIGHTS? THEY HAVE NO RIGHT OVER THE PROPERTY.

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 22 February 2015

Grand sons have no right in the property which has already been by his father before even you borne.

Chethan Jagathap (Senior Specialist) 23 February 2015

Thanks to all They have come because of increase in the land value, hence they have filed a suit. As per one of the lawyer Sri T.Kalaiselvan said :-The grandsons suit is basically liable to be rejected on the very grounds that they were not born during the transaction that took place in the year 1951 hence they do not have coparcenery rights in it even if the property was ancestral in nature. You may file an application under order 7 rule 11 of CPC seeking to reject the plaint

T. Kalaiselvan, Advocate (Advocate) 23 February 2015

@Querist: hope your query is resolved ? or whether you still have anymore doubt about it, if yes, consult a local advocate on a prior appointment, get the things clarified to the satisfactory level by paying him/her the legal fees for the purpose.