Ancesetral Property ssue
2 years ago
If my Grandfather had made registry of our ancestral land to one of my uncle's wife without telling my father and now my uncle opened up a HP Petrol filling station in my village on that land. So, I want to know whether my father lost his share in that ancestral land or he's still a shareholder in that land? It's nearly 15 years ago and still they're not returning our share land or giving another piece of land in place of that.
A.Dear Client,
was the property self-acquired by your grandfather. if yes, then he was within his rights to transfer the same. But if it was not self-acquired then your father shall have a right in the said property. you can file a suit for the title of the property, but several factors are to be considered as limitations.
Thank you
was the property self-acquired by your grandfather. if yes, then he was within his rights to transfer the same. But if it was not self-acquired then your father shall have a right in the said property. you can file a suit for the title of the property, but several factors are to be considered as limitations.
Thank you
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion,it is necessary to know whether that property remains unpartitioned for last four generations of your grandfather/ father, otherwise it is not ancestral land. Until and unless that land is considered as ancestral, your father cannot challenge such sale. Even then such sale was required to be challenged within three years of execution & registration of that Sale Deed or within three years of knowledge.
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