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How Can I redeem Ancestral Property?
Question
Dear Sir,
My husband’s grandfather had 15 Acres of self-earned Agriculture Land. He registered this property for my father-in-law on 1964. My Father-in-law has a wife and 2 sons. My father-in-law died on 1995 and he didn’t separate that above mentioned property to his family members.
After My father-in-law’s death, his property was partitioned and registered in his wife and 2 son’s Names according to legal inheritance on 2003. Everybody segregated each 5 Acres. My husband is a 1st Son of my father-in-law. After that we had married on 2014 and we had a first baby on 2015.
My husband sold that property to other person on 2016. He mentioned that the property is going to sales for me and my child’s future welfare in the Sale Deed. Sale Deed is signed by only my husband in our side. At that time we had one child. After that we had also second child.
I was revealed that the property was sold by my husband without my knowledge in 2019. After that I raised the regular civil suit in the court. In this case I had mentioned that this property is our ancestral property. My husband sold that property without court permission. He didn’t spent any amount to our family needs. He spent the full amount lavishly. Now we are not living together in the same house. I am living separately with my 2 children in my father’s house. So we request the honourable court that we need to be redeemed our ancestral property and also my husband have to give me and my children maintenance.
Can me buy a Stay Order not to use that property until the judgement of this case comes?. And please suggest me also if there is any possibilities for favourable judgement in the above case to us.
Answer ( 1 )
In the challenge have you made the purchaser as a party to the suit? If Not, then make him a party because the third person who has purchased should not sell it further creating more persons rights in the said property.
If indeed you are able to prove that this property was ancestral property then it could not have been sold without the signatures of all the other co-parceners, however if this was ancestral property which was divided and registered separately in the name of individual beneficiary then it looses the character of ancestral property and it would become a self-acquired property. Hence, the entire right of you and your children would depend upon the question as to whether this property is ancestral or self acquired. if it is declared as ancestral, then you can get a stay until the disposal of the suit which would finally decide the rights and entitlement of each co-parcener.
For proper advice, you may contact the team directly for consultation with a property lawyer as the above case needs more detailed facts for adjudication.