• Preventing family members from selling ancestral land

Hello Sir/Madam,

I am looking for legal options that are available to prevent sell of ancestral agricultural land by other family members. To receive best consultation I would like to provide additional details below:

++ Issue ++
We are four brother and my parents are still alive. One of my brother is somehow convincing my parents to sell agricultural lands we own. And, they have already sold some part of land in past for various reasons such as repair/extension of house/marriage of brother's daughter. They also keep all the earning from agricultural yield and we don't have any objection till date on this matter. However selling of land is cause of concern for me since it was ancestral property which my father got from grandfather. I tried to settle this matter with discussion but I was not able to convince them on not selling it. Just in case if it helps, I provide monetary support to my parents all the time for their illness and smaller financial needs. Please note that land is located in Bihar and it is an agricultural land. 

Could you please advice me whether I can resolve this issue legally or not? If yes then can you please provide brief description on legal options that I can avail them to stop selling the ancestral land.
Asked 3 years ago in Property Law from Singapore
1. Well this is pretty much common ailment afflicting most of the joint households.
2. It is true that your father can not unilaterally sell the ancestral properties though he is very much within rights to do so as far his self owned properties are concerned.
3. Since here you are concerned about the ancestral properties then immediately file a suit for partition wherein you can claim your dues share the list of ancestral properties.
4. The to ensure that the said properties may not be sold during the pendency of the suit to frustrate your claim, you seek injunction in the same suit as well so the court puts a restraint order in place so no property may get sold as long as the suit is not decisively finished.
Devajyoti Barman
Advocate, Kolkata
13184 Answers
175 Consultations

5.0 on 5.0

1. People have misconception about ancestral property,

2. A property is called ancestral property to the great grand son if the title of the property flows uninterupted from his great grandfather,

3. So, if the property was self acquired by your grand father, then it is not an ancestral property to you,

4. In the above case, your father can do whatever he wants to legally do with the said property and in that event your taking care of him is irrevalent in the subject case,

5. If the said property was self acquired by your great grandfather and its title still flows uninterupted without any sale deed/partition deed/gift deed/ settlement deed or will, then it is an ancestral property on which you also have share  which your father can not deal with without your consent.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

1) Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple words if a person holds a property which from his great grand father came in his hand down the line will be considered an ancestral property

2) merely because your grand father owned agricultural land would not make it ancestral property . 

3) i presume it was self acquired by your grand father .

4) your father is entitled to sell the land he inherited from your grand father without your consent and that of your siblings
Ajay Sethi
Advocate, Mumbai
46885 Answers
2772 Consultations

5.0 on 5.0

1.	This property, if purchased by your grand father, is not ancestral in nature. For a property to qualify as ancestral property it should originally have been purchased by the great grand father of the person claiming to have a share in the property, coupled with the absence of division or severance of joint character of the property till the fourth generation traced upwards from the original owner of the property. A property can be termed ancestral property only and only if it passes this twin test. When judged on this touchstone of law, the property you have referred to fails the twin test.

2. Your father has inherited the land from his father. He has the indisputable right to sell the land according to his wish.

3. That you provided monetary support to your parents when they were ill is not a ground on which you can stop them from exercising their legal rights.

4. In the event you can show that the property was originally purchased by your great grand father you may apply for a stay order against the sale.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1. since it's your father's inherited property and not an ancestral property right of share in the property comes only after your father's life.
2. Your father has the right to disperse it as he likes , sell or transfer, gift.
3. There is no legal specific legal relief you can obtain in this regard as your grandfather acquired this property and passed to your father.convince your father about it against alienating it.
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
139 Consultations

5.0 on 5.0

Please do understand the difference between self acquired property and Ancestral property.

Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc.

Ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter

1.	Ancestral property should be four generation old, 
2.	It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcenar gets after the division becomes his or her self acquired property. 
3.	The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner. 
4.	The rights in ancestral property are determined per stripes and not per capita. This means that the share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
5.	Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.

Tips :Ancestral property

Before amendment 2005 Hindu Succession Act,1956
Male Coparceners were entailed to get share in the property (not female members)

After amendment 2005 Hindu Succession Act,1956
Daughters too will be considered Coparceners of the Joint Hindu Family entitled to equal share as the sons the male Coparceners.

With out getting a correct information about the transaction of the property from your grand to your father, it is unable to provide a correct advice
Ajay N S
Advocate, Ernakulam
2828 Answers
47 Consultations

5.0 on 5.0

1) Assuming that the property is ancestral in true sense of the term you can get an injunction from the court to restrain your father or the siblings from alienating the property..

2) If on the contrary the the property was self acquired by your grandfather and inherited by your father from him he has absolute rights in alienating the property without any consent or consultation from  any of his children and unfortunately you have no legal remedy to stop him from doing so.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

Hi, as the property is an ancestral property they can't sold the land without all the consent of the family members you have to challenge the alienation made by your father or brother before the civil court on the ground that it is neither for family benefit and you  have right over the property and also file a suit for bare injunction restrain they to alienate to third parties.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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