Ancestral property issue
karthik
(Querist) 02 December 2012
This query is : Resolved
Dear Sir/Madam,
My grandfather passed away without writing a will leaving behind my father and his brother as his only children. I am 27 now and I am willing to build a house in the property for myself him and my mother. My father does not allow me build house and occasionally threatens that he will write off a deed to his brother of his property share. Though the EC does not claim such transactions does the Indian Law protect my interests in my fathers inherited property and is there a provision wherein I can challenge in the court if a deed was signed without my consent. Kindly help me know the provisions.
ajay sethi
(Expert) 02 December 2012
was it your grandfather self acquired property . if so on his death his 2 sons are the legal heirs to the property . if your father does not want you to build on said land dont do so . merely because your father inherited the property from your grand father does not make it ancestral property
karthik
(Querist) 02 December 2012
Thanks Sir.
Yes, it was my grandfathers self acquired property. But there is more to it. Though there is ample area to construct a house the current house is not hospitable and myself and my mom had to come out due to lot of domestic torture 4 years back. Now though my father visits us on a monthly basis and currently I am looking to get married, I want to protect my interests in the property. If I had to move the court for domestic problem reasons my marriage will be a problem which I don't wish to. Is there a way to obtain Permanent Injunction or Stay order for not executing any sale or write-offs. Since caveat expires in 3 months I am not interested in that either. Must I just simply pray god or is there a legal provision to protect my and my mother's interests.
Raj Kumar Makkad
(Expert) 02 December 2012
Your mother can do miracles in such situation. The prevention of women from Domestic Violence Act, 2005 contains such right in favour of wife vide which she can obtain stay order (Injunction Order) against her husband not to dispose off the residential house wherein she is living as she has no other house to live in.
You should wisely use this provision which is the only and only option otherwise each person has got full right to dispose off his personal property as per his sweet will and whims including your father.
