Regarding Cancellation of Gift Deed Executed Without Co-Parceners' Consent

Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divided or sold off. Grandfather's property is ancestral in the hands of the grandchildren. Until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer his/her share in the property without the consent of other legal heirs/coparceners. After the amendment of the Hindu Succession Act in 2005, daughters, regardless of their marital status, were given the right to claim their share both in ancestral property and self-acquired property(if left intestate) of their parents. So, unless the ancestral land is partitioned through a decree of a Court, your paternal grandmother (Daadi), being a coparcener, cannot transfer a part of the said undivided ancestral land without the consent of other coparceners. Under Article 59 of the Limitation Act, 1963, a civil suit seeking cancellation of a registered document, including a sale deed/gift deed, must be filed within three years from the date the plaintiff gains knowledge of the fact behind the execution or registration of a document or the transaction. If required, consult with a local Advocate for tailored advice to navigate the issue in the right way.