ancestral property
Querist :
Anonymous
(Querist) 29 April 2011
This query is : Resolved
My mother is holding an ancestral property of my nana who got it from his (nana)father. And my mother is alive and she is going to sell away land with her brother. What should I do to stop her selling ancestral land. Please reply fast experts.
A V Vishal
(Expert) 29 April 2011
The property acquired by your mother from your nana is not ancestral property as defined under law, hence, she is free to dispose the property according to her sweet will and wish.
M.Sheik Mohammed Ali
(Expert) 29 April 2011
yes, you can file injunction for sale, and file partition suit, if ancestral property.
Parveen Kr. Aggarwal
(Expert) 29 April 2011
You do not have any right to restrain her from selling the property.
Guest
(Expert) 29 April 2011
YOU MAY FILE A CIVIL SUIT FOR PARTITION OF SAID ANCESTRAL PROPERTY.AND URGENTLY SEND A LEGAL NOTICE TO THE REGISTRAR OF PROPERTIES WHERE ALL TRANSFERS ARE REGISTERED NOT TO ALLOW SALE,TRANSFER ETC. OF SAID ANCESTRAL PROPERTY WITHOUT YOUR WRITTEN CONCENT.GOOD LUCK.
R.Ramachandran
(Expert) 29 April 2011
I am sorry. Some of the experts, without regard to the correct reply already provided (by Mr. Vishal and Mr. Praveen), are simply saying file a suit for partition. If they do not agree with the view of the replies provided by earlier experts, then they should give the reason why they are not agreeing and then suggest the future course of action. Without this, it will only be an empty answer without any force and simply confusing the querist. We should avoid giving such meaningless answers.
Querist :
Anonymous
(Querist) 29 April 2011
Sir I am confused . Please support your valuable suggestion with reason$ and my mother is alive still I can ask for share in partition
R.Ramachandran
(Expert) 29 April 2011
Dear Mr. Ganesh,
I value your views. But, please state on what basis you are saying this. Please also take into consideration the replies provided by Mr. A.V.Vishal and Mr. Parveen Agarwal.
We are not here on voting by saying that I agree or disagree. Whatever that we state, it should have some legal basis.
Awaiting your reasoned views.
Guest
(Expert) 29 April 2011
In simple words, you don't have any right in your Nana's property till your mother is alive. Only she is the legal heir for her part of the property inherited by her. She can dispose of the same, as she likes. If some one says to file a petition or get injunction or send notice to Registrar, he would only be misleading you. Hope S/Shri Ramachandran, Vishal and Parveen would agree with my views.
M/s. Y-not legal services
(Expert) 29 April 2011
am agree with mr.ramachandran.. don't confuse the querist.. because here two answers given by us..
M/s. Y-not legal services
(Expert) 29 April 2011
dear friend.. you have rights in the subject property.. if that property is your father's ancestral property mean how your mother only can enjoy it? how, your mother is one of the legal heir.. like thta you also one of the legal heir to the subject property.. if you are two only heirs to your father mean you are entitled to get 1/2 of the share.. so just file a partition suit along with injunction..
M/s. Y-not legal services
(Expert) 29 April 2011
if matter is very emergency mean just publish a general notice with your objection on news papers by your advocate..
Guest
(Expert) 30 April 2011
Dear Tom,
Do you understand who is NANA? The author of the question has clearly mentioned that his mother inherited property from his Nana? NANA is mother's father and your answer is about the property of ancestors of the father of the author of the question.
The fun is that you are declaring others as if confusing, while your answer is totally absurd and you have openly tried to mislead and confuse the author of the question.
By your posting several answers to just one question, I can understand you are just trying to accummulate more than justified points, BUT at least don't try to mislead and confuse the authors of the questions.
You have stated that you agree with Mr. Ramachandran, but even you could not understand the answer of Mr. Ramachandran. Just ask for his opinion on your following answer, whether he would like to treat your answer as correct even to the slighest extent in view of the question:
YOUR ANSWER:
"dear friend.. you have rights in the subject property.. if that property is your father's ancestral property mean how your mother only can enjoy it? how, your mother is one of the legal heir.. like thta you also one of the legal heir to the subject property.. if you are two only heirs to your father mean you are entitled to get 1/2 of the share.. so just file a partition suit along with injunction.."
Your other answer is also misleading and is not according to the question, as follows:
YOUR OTHER ANSWER:
"if matter is very emergency mean just publish a general notice with your objection on news papers by your advocate.."
NOW
If you feel your answers as correct, please intimate for our guidance, during the lifetime of his mother, under which section of which Act, the author of the question is enttled to any share of property out of the property inherited by his mother from her ancestors.
Further, if you treat yourself as expert, must give expert's opinion. Try to gain reputation with correct replies rather than getting fake points by misleading replies. Mind it, only your reputation with correct interpretation of of the matters and law would help you in your Advocate's career in courts of law, not these fake points with meaningless and misleading answers.
