Sale of ancestral property without consent
Subodh Shrivastav
(Querist) 16 October 2014
This query is : Resolved
My grandfather is about to sell agricultural property passed on to him from his father on death. My grandfather is not ready to let the property pass on to my father as he has 2 daughters and no son. My father has 2 brothers and 2 sisters. Grandfather is selling the property to his brother with whom the inheritance was shared on death. Can you please suggest us how can we stop my grandfather from selling the land.
Thanking you.
Anirudh
(Expert) 16 October 2014
How did your great-grand father got the property? (i) Did he purchase it or (ii) did he get it from his father etc?
In which year your great-grand father die?
ajay sethi
(Expert) 16 October 2014
answer queries raised by MR anirudh
Devajyoti Barman
(Expert) 16 October 2014
The property seems to be an ancestral property.
Your father can file suit for partition and injunction to demand his due share and stop him from his share as well.
Rajendra K Goyal
(Expert) 16 October 2014
Consult a local lawyer and show him all the documents.
J K Agrawal
(Expert) 16 October 2014
I go with MR Barman.
Subodh Shrivastav
(Querist) 16 October 2014
The property was bought by my great grandfather who passed away in the year 1970
Anirudh
(Expert) 16 October 2014
Since the property was self-acquired by your great-grand father, and he died in the year 1970, the property inherited by your grand-father is his personal property. HE IS THE ABSOLUTE OWNER OF IT. HE CAN DISPOSE OF THE PROPERTY IN WHICHEVER WAY THAT HE WANTS. NOBODY ELSE HAS ANY RIGHT OVER THE SAID PROPERTY, ESPECIALLY DURING HIS LIFE TIME. HE CANNOT BE STOPPED FROM WHAT HE WANTS TO DO - IF HE WANTS TO SELL, HE CAN; IF HE WANTS TO GIFT IT TO ANYBODY, HE CAN; IF HE WANTS TO GIVE IT TO ANYBODY THROUGH WILL, HE CAN.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
Agreed with the experts views, the property in the hands of your grandfather will be considered as his own property which he can dispose it in any manner he desires so. Neither you nor your father can stop him legally from proceeding with his proposal to dispose it in the manner he has already chosen.
