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MS Karunakar   01 July 2024

Sale deed admission

Sir

My father inherited his share of 1 acre of agricultural land ..my grand father has 3 acres.

My father and his 2 brothers divided the land through mutual agreement and partition.

So ancestral property has become self acquired property after partition.

My father while selling it has mentioned it as ancestral property in the sale deed 

After this sale it changed 4 hands and myself as the 5th hand bought this property in my father's name depending upon circumstances at that time with a registered will upon my name.

My step brother has moved the court demanding a share it as ancestral property .

He is quoting that the land has been sold as ancestral property according to the sale deed.

 

My father has made a mistake by admitting it as ancestral property in sale deed.

Is his admission valid.

My father has expired.

I humbly request your valuable suggestions.

Thanks in advance

🙏🙏🙏



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     01 July 2024

Basically it was not an ancestral property because it was your grandfather's property hence it cannot be considered as ancestral property even if it was not partitioned by your father with his siblings.

You have to challenge the suit filed by your step brother properly and get it dismissed.

Dr. J C Vashista (Advocate )     02 July 2024

I fully subscribe to the expert opinion and advise of learned Sh. T Kalaiselvan, the property in the hands of your father is "self-acquired" and lost the status of "ancestral" even if your father has mentioned it as ancestral.

MS Karunakar   02 July 2024

 

 

Tq very much sirs for your valuable suggestions.

My advocate is saying that Admission is the best evidence.

He is saying that how can you deny what your father has admitted in sale deed

Kindly suggest me sirs.

Thanks in advance

🙏🙏🙏

Dr. J C Vashista (Advocate )     03 July 2024

Although admission is of a written document is conclusive evidence but you have to prove that your father has acquired the subject land in partition by meets and bounds, which changes its status from ancestral to self acquired in the hands of your father.

Seek a second opinion from some other local prudent lawyer, if you have lost faith in your lawyer.

MS Karunakar   03 July 2024

 

 

Tq very much for your valuable suggestions sir

🙏🙏🙏

T. Kalaiselvan, Advocate (Advocate)     03 July 2024

If you feel that your lawyer is not taking up your case properly protecting your interests then you may better change the lawyer and conduct the case with some other prudent lawyer

MS Karunakar   03 July 2024

  

Tq very much sir

🙏🙏🙏


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