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Sale of ancestral property

(Querist) 20 September 2013 This query is : Resolved 
Dear Sir,

There is some ancestral property (Agriculture land and house) which was given to my grand father by his father.

Now my grand father is passed away and my grand mother is alive.

my father is three brother. the property of my grand father is equally transferred in the name of my grand mother and his three sons including my father.We are two brother and two sister (one is already married)

my question is that, can my father sale this ancestral property without taking consent of his both sons and daughter including me.

can we all brother and sister do something in the court to stop my father for selling the ancestral property.

thanking you for early reply.
Raj Kumar Makkad (Expert) 20 September 2013
I do agree with n. raj kumar.
Rajendra K Goyal (Expert) 21 September 2013
Nothing more to add.
Vivek Yadav (Querist) 03 October 2013
Sir I am very thanks full to all of you for giving me information.
Anirudh (Expert) 03 October 2013
Dear Mr.Vivek,

1. In which year the property was given to your grand father by his father?

2. Whether the property was self-acquired property of your grand father's father or how your grand father's father got that property?

Only after knowing this, an appropriate answer can be given to your query.
Vivek Yadav (Querist) 09 October 2013
It was a ancestral property, my grand father and father of grand father also not purchase the property. it was transferred in the name of my grand father's father from his father and further it was carry on transferring when their father was dead. we don't remember the year.

kindly suggest the procedure.

with regards
Anirudh (Expert) 09 October 2013
Any answer given to your query, without first knowing the year, will not be appropriate. At least you should be in a position to say whether the property was transferred in the name of your grand father's father from his father prior to the year 1956.

If the property had come to your grand father's name prior to 1956, then the same is Ancestral, and your father cannot sale the said ancestral property without taking consent of his sons and daughters (both the daughters).


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