Enquriy
svdraja
(Querist) 25 January 2014
This query is : Resolved
My father got a piece of land from his father by the way of partition along with his brothers.
But my father sold these lands without consent of myself and my elder sister. both of them are major ie. above 18 years. With the help of the money he bought some plots and construct houses in his name and as well as in the name my mother.
Now both of them are refused to give any part of the land or building so far.
the above sold lands or plots are valid. are not. How can I fight with the sold of the property without my consent .
Advocate M.Bhadra
(Expert) 25 January 2014
It is presume that you are a Hindu.So you have no share in that property as it was inherited property of your father from your grandfather that became his self acquired property, not an ancestral property coming down the line from your forefathers or at least your great grand father in which you can seek your share being member of Hindu Coparcener.You can claim over the present property after demise of your father if he left in his own name.
svdraja
(Querist) 25 January 2014
i could not under the inherited property and ancestral property
svdraja
(Querist) 25 January 2014
My father got a piece of land from his father by the way of partition along with his brothers. this partition deed was made by my grand father. Then how the property is inherited property
ajay sethi
(Expert) 25 January 2014
you have no share in said properties . your father is free to dispose of said properties . he dosent need your consent .
Devajyoti Barman
(Expert) 25 January 2014
Yes, it would be treated as self acquired property of your father and he can do with it as per his won wish.
T. Kalaiselvan, Advocate
(Expert) 26 January 2014
the inherited property means that your father got it through a partition deed and not purchased it. However, this is not ancestral property and after inheritance your father becomes an absolute owner of the property thereby he is conferred with full rights over the property which he can dispose it in any manner and to any person as he desires so. You cannot stake a claim or right over the said property in any capacity because it is not ancestral property, in which you are not a coparcener too. Therefore you cannot object your father from disposing it. Please go through the Hindu succession act (amended) or consult a local lawyer with the available papers in your possession for an on the spot opinion