Ancestral property

Dear client,

Sales made before 2005 may still be valid if:
The property was sold for legal necessity (e.g., medical expenses, family welfare, etc.).
The family Karta (head of the family) had acted in the interest of the joint family.
However, if the sale was for personal gain or done without legitimate family needs, you can challenge those transactions as well.

In Hindu Undivided Family (HUF) law, ancestral property is one that is inherited up to four generations of male lineage. Female members also became coparceners with equal rights in such property after the Hindu Succession (Amendment) Act, 2005.
Since your mother is a coparcener, her consent was legally required before any sale or transfer of the ancestral property after 2005
Any sale or gift executed after September 9, 2005 without your mother’s consent is illegal and voidable unless the property was self-acquired or transferred with her consent.
Since your mother’s brother cannot claim absolute ownership over ancestral property, those transactions can be challenged.

File a Partition Suit: You can file a partition suit in the civil court seeking your mother’s rightful share.
File a Declaration Suit: Request the court to declare the disputed sales and gifts as null and void if they were executed without proper consent.
Challenge the Sale Deed(s): If these transactions were fraudulent, you can seek cancellation under Section 31 of the Specific Relief Act, 1963.
Injunction Order: Seek an injunction to prevent further alienation of the remaining property (if any).


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