Ancestral property(agriculture land) issue between dather and daughter.
4 years ago
Hello My parents are divorced. My father and Me(daughter) were live with my uncle(my father`s brother). After My marriage I live in sasural with my husband and my father lives with my uncle. Now My father has sold his ancestral property(land) to his brother(My uncle). Because My father does not want to give his ancestral property to me(daughter). Total land size is 20 bigha. My father has removed his 50% share of land by making fargati dastavej. Now what can I do? If I file case in court, what will be judgement? How much bigha will I get? 5 bigha or 10 bigha?
And one more question is can I cancelled fargati dastavej through high court??
Shreyash Mohta
Responded 4 years ago
Such an property being an ancestral property cannot be sold off. If your father has sold such property then it is illegal.
You can file a civil suit and claim your property rights in your fathers property. As you said that the total size in 20 bigha, your share in that property shall be 10 bigha. It is best that you file a suit for partition making your father and your uncle as opposite parties and do the following.
1. Claim your share in the property from your father [I.e. should be 10 bigha]
2. Challenge the sale deed in between your father and uncle which was a falsified one.
Thanks
Please contact any local advocate..
Sayaree Ganguly
Responded 4 years ago
The ancestral property is not earned by your father so he can not sell it to anyone. According to succession law you are the legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it in future.
Thanks.
Rameshwar Dadhe
Responded 4 years ago
Path to reach home
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NOC FROM OTHER FLOOR OWNERS
Property dispute
Property Dispute.
