Ancestral property
Arpit Pansari
(Querist) 20 July 2013
This query is : Resolved
Dear Sir,
My question is regarding ancestral property rights : Can a family member sell out or bail the joint property which they have got from ancestors and the division of that property has not been done nither through will or any legal agreement between the members of the family without the consent of other members ?
What legal action can be taken against the member who is selling the property as well the person who is purchasing the property?
Also if the member has forcefully broke the lock and put his own lock, of the property which was joint without other members knowing the same and the other family members come to know about itafter sometime ?
Your prompt reply will be greatly appreciated.
Regards,
Arpit
Dr. Jyothi Vishwanath
(Expert) 21 July 2013
If a family member sells ancestral property without the consent of other members, then no legal action (criminal) can be taken against him. The sale will be valid only to the extent of the share of the selling member in the whole property.
The shares of the other members does not pass to the buyer.
Regarding the forceful breaking of lock, it is difficult to prove it. Possession is important in law and now that member has possession. Did you lodge any fir in police station regarding the breaking of lock??
Rajendra K Goyal
(Expert) 21 July 2013
Any member can sell his share of property from the joint property.
For forcible break open of the lock police FIR should have been lodged and suit for partition should be filed.
R.K Nanda 
(Expert) 21 July 2013
get stay order from civil court against member
selling property.
prabhakar singh
(Expert) 21 July 2013
BARRING DWELLINGS A CO/JOINT SHARER HAVE RIGHT TO SALE HIS UNDIVIDED SHARE AND BUYER THEREOF CAN SEEK PARTITION.FOR DWELLINGS SHELTER OF SECTION 4 PARTITION ACT CAN BE SOUGHT.
