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Anonymous
in Criminal Law Property Law Family Law
Asked August 28, 2017

Ancestral property sold illegally

  • 1 Answer
  • 554 Views

Hey, I want to ask that my grandfather have 4 sons including my father, Recently I got to know from the internet that he sold almost half of the land to 2 of my aunts(wife of my uncles) and It is registered in the court. The land is ancestral and it is coming to 5 or 6 generations. Now he is refusing to give share of my father. Now I want to know that If it is legal to sell or gift the piece of land without the ascent of all the legal heirs? secondly, If I can file a case of fraud to set them in Jail? thirdly, Can a already registry of land reversed? Thank You.

Answer 1

Sir/Ma’am,

As you have mentioned, the property in question is an ancestral property and not a personally acquired property of your grandfather. In such a case, it would be considered to be a coparcenary. The concept of coparcenary entails that all the coparceners have rights and share over the property, however, such is not demarcated. As a result, all the coparceners have a right over the property and everyone’s interest in the shares need to be safeguarded. Assuming your father’s generation to be coparceners (3 generation rule), they all have a right over the property. If the property had ever been divided and your grandfather held a portion of that divided property, then there would exist no ancestral property and the disputed property would be his own property and he can do whatever he pleases with the same. But, if it has not been ever divided, then your father does have a claim in the property if it has not been partitioned and he has a right over the property. In such a case, your grandfather cannot sell off any portion of the property without the consent of all the coparceners. In case of personally acquired property, the owner can sell or gift a portion or the entire property without the consent of the legal heirs, but as the present situation is not the same, your grandfather cannot refuse to give your father his share in the ancestral property.

You are eligible to approach the court and rightfully seek civil or criminal remedies as you please. Allegation of fraud can also be submitted in the Court as the selling of the ancestral property was done in a private manner without disclosing it to the interest holders of the property.

Registry of land can be reversed in the sense that with the consent of the registered parties, the land can be registered to another person following the procedures of registration of land. If you approach the court, it will most likely render the transaction void and therefore the registry also void. 

 

Agree Comment 0 Agrees over 3 years ago

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