| Question And Answer | |
|---|---|
| Subject: | Claiming Share in Grandfather’s Self-Acquired Property Sold Without Minor Heirs’ Consent |
| Category: | Allied Law |
| Querist: | Vinaya |
| Answered by: | Law Intern |
| Tags: | Hindu Succession Law |
| Date: | April 7, 2025 |
My grandfather had purchased a property in his name. After his death, the property was inherited by my father, aunt, and grandmother. A few years later, they sold the property to someone else. At the time of sale, I, my brother, and my aunt’s son were all minors, and we were not given any share or consideration from the sale. Now, after 15–16 years, can we file a case to claim our share or compensation from the sale? Do we have any legal right over the property or its proceeds under Hindu Succession Law, considering the property was originally self-acquired by our grandfather?
Prima facie, it appears that you, your aunt’s son do not have a legal right to the property or its sale proceeds as it was your grandfather’s self-acquired property. Upon his death, the property devolved on your father, aunt and grandmother and they became the legal owners and were free to sell it.
A claim is maintainable only if you can show that the property was ancestral in the hands of the grandfather.
The limitation period for filing a civil suit is 3 years of attaining majority. Limitation can be extended if you can show there was fraud or suppression of facts and you discovered the truth now.