Stop father from selling ancestral property in karnataka
John
(Querist) 16 May 2013
This query is : Resolved
sir/madam
We are Christians from Kerala. My grandfather bought some property in Karnataka out of the common family funds. Before my grandfather's death he had partitioned the land between his three sons. Recently it came to my knowledge that my father is trying to sell this property. My two younger brothers along with my mother and myself are against this.
1:Is there anyway we can stop him from selling this property?
2:Do my brothers, mother and myself have a right in this property?
Raj Kumar Makkad
(Expert) 16 May 2013
1. If your mother file a DV Act case against your father and seek stay against the disposal of that property on then it can be saved.
2. Legally neither of you have any share therein as on day.
ajay sethi
(Expert) 16 May 2013
you and your brothers cannot restrain your father from selling the property .
why does your mother not want your father to sell the property?
if your father has indulged in acts of domestic violence your mother can file complaint under DV act and restrain your father from selling the property
R.K Nanda
(Expert) 16 May 2013
agree with experts.
John
(Querist) 16 May 2013
One of my lawyer friends had suggested that since its an ancestral property, my brothers along with me can file for partition and prevent our shares from getting lost.
Shashikant V. Patil
(Expert) 16 May 2013
Apart from advised by experts, you can also file suit for injunction and partition in Civil Court.
John
(Querist) 16 May 2013
Shashikant sir, under what law can we file for partition?
John
(Querist) 16 May 2013
Shashikant sir, under what law can we file for partition?
John
(Querist) 16 May 2013
Shashikant sir, under what law can we file for partition?
Raj Kumar Makkad
(Expert) 17 May 2013
As the property is ancestral, a fact which you have not told earlier, all coparceners have equal share thereto and so your father can sale only his share and not of others and on this ground alone, an injunction order can be got availed from civil court under order 39 rule 1 & 2 of CPC.
John
(Querist) 17 May 2013
Sir I would like to know what law says that my brothers and myself are entitled to the ancestral property. Second does my mother too get a share in it.
prabhakar singh
(Expert) 17 May 2013
As You have stated you are "Christians from Kerala."The law of coparcenary or ancestral property DOES NOT APPLY TO YOU.
IT APPLIES ONLY TO HINDUS OF MITAKSHARA SCHOOL.
SO ONLY RECOURSE OF DV ACT BY YOUR MOTHER CAN TO SOME EXTENT SERVE YOUR PURPOSE.
John
(Querist) 17 May 2013
I understand that Kerala had abolished joint families in 1975 but the property is in KARNATAKA. Or is it that for Christians through out India, father is the absolute owner of ANCESTRAL property.
