kaushal.jadhav9@gmail.com (Trainee) 16 October 2014

Father selling ancestral property, how can i stop him

My Grandfather owned a room in chawl, its in Pagadi system. After his death the property passed to my father as successor, its an Ancestral property he has not earned that. In 2003 we shifted to Flat & he has let out that room on rent. Me, my father & grandmother (paternal) are staying in a Flat. I am the only son.

There are some disputes between Me & my father and so it was decided that I would stay alone in that chawl room. Now my father is planning to sell that chawl room. How can I stop my father from selling that room, Is there any Legal remedy avaliable? Can I bring stay on selling that chawl room.

Please help me with your valuable suggestions.

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4 Replies

Anish Thakur 7018812737 (advocate) 16 October 2014

You can ask for your share in the ancesstral property and till that time you can get stay orders from the court.

NARENDER RAO BASAVARAJU (ADVOCATE) 17 October 2014

LEGALLY YOU HAVE A SHARE AND YOU MAY STOP HIM FROM SELLING THE PROPERTY.

BUT, YOU ARE THE ONLY SON AND WHATEVER YOUR FATHER EARNS IS FOR YOU ONLY IN FUTURE. HENCE I WOULD ADVISE YOU TO MAINTAIN GOOD RELATIONS WITH YOUR FATHER AND CONVINCE HIM NOT TO SELL THE PROPERTY. YOU MAY TAKE HELP FROM SOME ELDER RELATIVES OR FRIENDS IN THIS MATTER.

REMEMBER, IN FAMILY MATTERS A COMPROMISING SOLUTION IS BETTER THAN A LEGAL SOLUTION AND MORE PARTICULARLY IN YOUR CASE

K.K.Ganguly (Advocate) 17 October 2014

1. Your Grandfather did not own that room you are talking about,

2. Your Grandfather had acquired the tenancy right of that room based on pagdi system,

3. Your father can not sell that room but can again sub-let the same by taking Pagdi,

4. However, the definition of ancestral property is different as per law,

5. To be an ancestral property, the said property shall have to be acquired by your great grandfather & should pass on to his successors without ant partition/settlement/will/gift etc. It has to be 4 generation old without any transfer of Title.

T. Kalaiselvan, Advocate (Advocate) 19 October 2014

The property under pagdi system cannot be sold by the occupant, he can very well sub-let it. Therefore as his father's successor, your father occupied the chawl after the death of the grandfather. Now during your father's life time, you cannot claim that right in that property. The tenancy rights as a successor will fall on you or any other legal heir only after your father's departure to heavenly abode. This cannot be treated as your property itself, so there is no question of ancestral property in it. Thus there is no legal solution to this.