My grandfather, who owned a property along with his siblings, left it to his three sons. He divided his share between two of his sons, while the other share was given to a different son. Before his passing in 1961, he declared a partition of the property.
My father, one of the two sons who received a share, sold part of his inheritance to his two sons to repay his debts. He relied heavily on agricultural income but faced financial difficulties and accumulated loans.
One of my uncles has now filed a lawsuit claiming the property is ancestral and the sale was invalid. The sale took place in 2003, and he initially filed a case in 2008 that was unsuccessful. He then filed a new lawsuit in 2010.
I need advice on our legal standing in this matter.
Best Answer
Based on the information provided, the sale of your father’s inherited property to his sons in 2003 is likely valid. However, the validity of the sale might be challenged under the Indian Succession Act and the Transfer of Property Act. The legal standing will depend on the specific circumstances, including the terms of the 1961 partition and the nature of the debt your father incurred. It is advisable to consult a lawyer specializing in property and inheritance law for detailed advice.
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