Ancestral property dispute.

The owner of the property is your grand father since he purchased. How can your uncle sell it ? Your uncle  cannot sell it because it is not his property. 

When my grandfather purchased.. he purchased whole property on his and my uncles name. my father name was not mentioned in sell dead.

Your uncle can sell his share in the property. He needs the consent of your father in selling the other half share of your grandfather. Adv Reeti Shah reeti@corpusjurislaw.com 9930285557

As the property purchased by my grandfather from his income....  half portion of the property has been already sold by my uncle... and in second half my father constructed  the house and settled there.

Now my uncle is demanding half portion from property where my father constructed house.

And the sell deed which my uncle made while selling half portion of land in that he clearly mentioned remaining property belongs to my father.

But now he started demanding it.

Dear Mr. Rohit,

At the outset make it a note that what you want to ask must be clear. My learned friend Mr. Rama Chary has mistaken your query due to ambiguity and your inability to bring forth the same in a right sense. It is however understood that your grand father got the property purchased in his name and in the name of your junior paternal uncle and that your uncle got his part disposed to some body else. There is no wrong in this. It is your grand father who did the mistake in getting purchase of property including the name of your uncle by investing his own funds. Your father has no right to question the said alienation made by your uncle, instead your uncle will have the right to seek partition of property after demise of your grand father.

But if the property which was jointly purchased by your grand father and your uncle lies in a single block and inseparable and when there is no specific separation of the property in the sale deed obtained by them, your uncle can not by himself without consent of your grand father alienate the same even to the extent of his part or share without first seeking the property partitioned between the both of them i.e., your grand father and your uncle.

One thing please note that the more the details the accurate the advice.

Hope you got it.

Truly Yours,

 

G. YADAGIRI SHARMA,

                                  M. Com., LL.M.,

G. AMRUTHA KUMARI,

                                   M. Com., LL.M.,

ADVOCATES

H. No. 2-1-178/1, 100 Feet Road

Vidyaranyapuri, Hanumakonda.

WARANGAL DISTRICT – 506 001

: 98 493 45 755 – : 99 66 45 66 85

gysharmaadv@gmail.com