If parents sell their ancestral property, can their son or daughter claim their share from it?
I purchased land in 2007 from 'X' person, who got this property from his father by filing partition suit in court, after that Mr. X got property registered in his name. Mr. X's son was minor at that time and I didn't take his sign for sale deed. Now (2022) Mr. X's son has filed case against Mr. X (his father) and me, stating that land sold by Mr. X is ancestor property and he wants his share in the land. Whether the land purchased is still ancestor property or is it self acquired property after partition? Mr. X has stated in sale deed in that he is selling property to meet family expenditure and agricultural loan. Can this sale deed submitted in the court as evidence to claim that Mr. X has used the amount received from the selling the property to his family only, so that I can claim that minor son has no right in the ancestral property sold by Hindu Karta for family expenditures? (Kehar Singh v/s. Nachittar Kaur)
Mr. X has stated in the sale deed that he is selling the property to meet family expenditure and agricultural loan. If this is true, then the sale is likely to be considered valid and the minor son of Mr. X may not be able to challenge it. However, the minor son of Mr. X may still argue that the sale was not valid because it was not made for the benefit of the entire family. For example, the minor son may argue that the money from the sale was not actually used to meet family expenses or to pay off family debts. Contact us for further enquiry.
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