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Author Topic: Ancestral Property dispute with previous land owner  (Read 553 times)

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Offline nivaas

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Ancestral Property dispute with previous land owner
« on: December 26, 2018, 02:02:04 AM »
Hello Everyone,
We bought a land from our family friend about 10 years back. This was after he borrowed a lump-sum money from a bank and couldn't return. So he offered us to sell a part of his hereditary land, in return we cleared the bank loan and also paid the remaining value for the property at that time to him and all this information was registered in the deed. However, he had a son (minor) at the time of registration and now being a major, has filed a case at court demanding rights over the property as it was his ancestral land. They held 50 percent of their property after selling us the remaining 50 percent and later on sold they sold one third of it too to a 3rd party. Question is,can a minor file against us as they still had the remaining 50 percent of the property at that time. If so, what is the defense to safe guard a minor suite?
Thanks in advance.
« Last Edit: December 27, 2018, 02:33:19 AM by admin »

Offline kalaskarkk

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Re: Ancestral Property dispute with previous land owner
« Reply #1 on: December 28, 2018, 01:01:05 AM »
Dear Sir,
Such complicated cases requires years together to be disposed of by the Court. If you are in possession continue the same and enjoy the fruits. Further a minor can file a suit within 3 years after attaining age of majority. It seems to be a colluded suit. Further to say that it is a ancestral property, it should have come from four generations, the relevant example is given below, if failed the suit is not maintainable and in the meanwhile you can file application under Order 7 Rule 11 of CPC saying suit is not maintainable since it is not a ancestral property.

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.
« Last Edit: January 03, 2019, 08:51:08 PM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

Offline nivaas

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Re: Ancestral Property dispute with previous land owner
« Reply #2 on: January 01, 2019, 10:11:47 PM »
Thanks Mr. Kishan. Very much appreciate your detailed response.

Offline aaruship

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Re: Ancestral Property dispute with previous land owner
« Reply #3 on: January 17, 2019, 04:03:20 AM »
You have clearly mentioned all the scenarios in detail.
Dear Sir,
Such complicated cases requires years together to be disposed of by the Court. If you are in possession continue the same and enjoy the fruits. Further a minor can file a suit within 3 years after attaining age of majority. It seems to be a colluded suit. Further to say that it is a ancestral property, it should have come from four generations, the relevant example is given below, if failed the suit is not maintainable and in the meanwhile you can file application under Order 7 Rule 11 of CPC saying suit is not maintainable since it is not a ancestral property.

What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

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