ANCESTRAL PROPERTY SELL

Querist : Anonymous (Querist) 29 January 2011 This query is : Resolved
My grandfather willed his property to his four sons before dying.The property was partitioned according to the will after his death .Now my father wants to sell his share of the property .Can he do so without the permission of his three children who are above 18 yrs ? Does he have to take a no objection from all his children? Do we children have a right to this ancestral property when he is alive.

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A V Vishal (Expert) 29 January 2011
From the query it is clear that the grandfather has willed his self acquired property to his sons. In such case even if you are major your father has every right to dispose the property without consent from you.

Amit Minocha (Expert) 29 January 2011
you father has full right to dispose the same. Need not ask for anyone's approval/ consent.

R.Ramachandran (Expert) 29 January 2011
Just because the property has come to his father from his grand father, probably Mr. Anonymous thinks that it is 'ancestral property' and consequently the grand sons will have share in the said property as a matter of right and therefore his father cannot sell the same without the consent of the sons (major or minor).
But, as rightly pointed out by Mr. Vishal, unless the property had been given by the grand father with the express indication that the property has to be held as 'ancestral property' the same will be a private property in the hands of Mr. Anonymous. Being a private property the father of Mr. Anonymous will have every right to deal with it in any manner that he likes and he needs no one's permission or consent to do so. No one can object to the same.

Uma parameswaran (Expert) 29 January 2011
clarify the nature of the property

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