partition of ancestral property

Querist : Anonymous (Querist) 13 March 2010 This query is : Resolved
Sir,
A father had total ancestral 9 acres of agrriculture land.He has three sons and two daughters all are married.He has not given any share to his sons/daughters but he made the decree in faour of two grandsons whereas he is having four grandsons.Kindly let me know wheather this decree can be challenged in the court.

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Guest (Expert) 13 March 2010
yes. It can be challenged. Father ve no right to alienate the anchestral property.

Kumar Thadhani (Expert) 13 March 2010
Under the Indian Succession act father has n right to alienate his property.

Parveen Kr. Aggarwal (Expert) 13 March 2010
The ancestral property in the hands of a father is not his exclusive ownership and he only owns a part of it (to the extent of his share). So, the alienation of the entire property (including share of others) by father alone, is absolutely unauthorised and can be challenged in a court of law.

adv. rajeev ( rajoo ) (Expert) 13 March 2010
File a suit for partition. Ancestral property cannot be sold

Raj Kumar Makkad (Expert) 13 March 2010
rajeev! property has not been sold but his sons and daughters have been bypassed and has been decreed throgh civil court in favour of his 2 grandsons however he has 4 grandsons.

This is a fit case whereas any of the son or daughter can challenge such decree and mutation entered by way of that decree and can get it set aside.

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