Ancestral property sell
Deba
(Querist) 09 March 2010
This query is : Resolved
My Grandfather had quite a few pieces of Land. Being the only son, my father got everything to his name. I have an elder brother. I was not taking any interest in the ancestral properties that we had and reecently got to know that my father and my brother have already sold off some of the lands and no one informed me. when i asked about this they ignored me and they are not even telling me what all prperties my grandfather had, I never paid any attention to all this as I was trusting my father and my brother. What i want to know is what can i do to stop my father and my brother from selling any more properties, I do not know all the properties, so can i get some kind of stay on sell in any of the central location? or do i have to list each of the property separately. 2nd : is there anything that i can do to recover my share of the sell value form the properties that are already sold off.
adv. rajeev ( rajoo )
(Expert) 09 March 2010
You have got equal share in the ancestral property along with your father, mother and brothers.
You will to file a suit for partition seeking your share by metes and bounds. The purchasers of the properties are also necessary parties to the suit.
You have to produce all the property extract to the court and certified copies of the sale deed of the purchares.
If suit is decreed then share of your father and brothers will be adjusted to the already sold properties.
You can also apply for interrium application restraining the defendants as " Not to alienate the suit properties till the disposal of the suit".
Even you can publish the public notice in the local news paper before filing the suit. For this you contact your lawyer who will issue the notice on behalf of you.
Raj Kumar Makkad
(Expert) 09 March 2010
I agree with the latter part of the opinion of rajeev only.
You can get stay order and cancellation of already registered sale-deeds of your ancestral properties but you cannot file a suit for partition till the life time of your father.
You should enquire from the office of the registrar of your area about the properties sold by your father in favour of any other person last days/months/years and only by way of such enquiries, you can know the details of all sold properties. You can file a civil suit for injunction.
niranjan
(Expert) 09 March 2010
I would like to add that if you were born after the demise of your grandfather,the property looses its characer of ancestral property for you as your father was only the son.
Uma parameswaran
(Expert) 09 March 2010
Ancestral property is always a ancestral property only.But a self earned property shall become an Ancestral property.According to my knowledge you can file partition suit for getting your share.
