To stop a perosn from selling its ancestor property
B K Mishra
(Querist) 03 January 2015
This query is : Resolved
A person inherited vast land from his father. He is having dependent wife & married sons who are doing some business to sustain but do not have any regular source of livelihood. The two daughters are married. This person has been selling pieces of land for last 5 years and spending the funds on his own bad habits and also disturbing family life of his children.
Can his wife, son and daughters bring in suit to stop him from selling this property solely and for each sale consent of wife should me must.
Please suggest me how this can be achieved as three families are getting devastated by habits of one person who is not mending his ways. URGENT, please. Would be grateful for advice.
Devajyoti Barman
(Expert) 03 January 2015
If the prpeprties are his ancestra proeprty then his children cna file suit for partition and injunction.
His wife can file separate case for her maintenance.
prabhakar singh
(Expert) 03 January 2015
If the properties are agricultural and situate in U.P.,the only remedy is suit of maintenance with declaration of charge unless land owners were ZAMINDARS and holdings in question were oiginally SIR or KHUDKASHT.
B K Mishra
(Querist) 03 January 2015
Thanks sirs for revert.
The property though situated in UP is not agricultural. Its situated in urban areas.
He got the land from his father during settlement. His father is also alive.
prabhakar singh
(Expert) 03 January 2015
Get the record of rights checked to know in which category the land is recorded.
If the settlement is not registered a suit of cancellation thereof is also possible.I shall advise you to visit a lawyer personally .
Rajendra K Goyal
(Expert) 03 January 2015
Consult local lawyer and show him all the related documents.
BAALASUBRAMANNYAMM
(Expert) 03 January 2015
Since your case involves several issues, better to consult an advocate, as suggested by the respective experts.
ajay sethi
(Expert) 04 January 2015
better consult local lawyer as advised by experts
T. Kalaiselvan, Advocate
(Expert) 07 January 2015
In my opinion, the property owner (your father) has full rights in the property hence he cannot be stopped from disposing the properties as per his desire. Consult a local lawyer and find any loophole to stop this menace.
malipeddi jaggarao
(Expert) 11 January 2015
I too agree with Mr.Kalaiselvan. If the man acquired the property from his father by settlement and if the settlement is registered one, the man becomes absolute owner of the property which is called self-acquired, in which case no other person can stake the claim in that property. However, consult a local lawyer who is well versed with property law.
