• Partition of property among children in a joint family

Currently, our ancestral property (created by our grandfather) is in the name of my Father and his Brother. They seem to be carelessly selling off parts of this land/property, without consulting us (the children). By the way, we (the children) are all educated and married adults.
Is there a way by which we can prevent them from selling off this property (as we have a right to this property through inheritance)? 
How can we ensure that the proceeds from any property sold, is equally distributed among all the children as well (as we need the money as well)?
How can we make this a smooth legal process without having to create a ruckus at home?
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

1) Yea you have share in the ancestral property, so you can sent them.notice that not to sell property show them family tree structure of your shares and prevent that much share from selling.

2) If you provide me your property details I will provide you family tree and your share in it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

No, you cannot interrupt in this because any property inherited by them from your grandfather becomes their acquired property.

They are not required to take consent from any of you before selling off this property, which presently stands in their names.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1) it is not ancestral property

2) it is self acquired property of grand parents inherited by your father and uncle

3) your consent is not necessary for sale of property

4) you dont have any share in said property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. the property which is inherited by your father and uncle from their father (your grandfather) is ancestral property in which the grandchildren have right by birth as coparcenors

2. you will have to file a partition suit to claim your share in the property by dividing the property by metes and bounds

3. you will need to take out an urgent application for grant of stay to restrict your father and uncle from creating third party rights in the property without your consent

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Property gain ancestral status if acquired at 4th generation, Great Grand Father and inherited upto 4th generation without any distribution.

You have no claim in the properties acquired by Grand father through his personal sources. Inheritance right will arise on father`s intestate death.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

if they are not ready to resolve the matter after mutual talks then the only way out is to file a civil suit for claiming your share as per the Hindu Succession Act.

A proper case will be filed, notice will be issued to them the same will be followed by examination, cross and final hearing and this will take good 5-7 years.

It will be better if all of you may sit and resolve the matter amicably.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

Simply file a suit for partition. And on the day of filing, they will be restrained from selling or mortgaging the properties.The proforma is as follows

=====================================================================================

PRAYER

WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.

a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th share.

b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

========================================================================================

INTERIM INJUNCTION NOT TO SELL OR MORTGAGE

=========================================================================================

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908

For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.

Appellant

Through

Advocate

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

You can do the following:

1. Since it is at a advanced stage you need not send a legal notice;

2. You must approach the court and get a stay order on the sale of the property;

3. Collect all your evidences in your favour and plead before the court to partition the property equally;

4. This is the only option left for you and you must do it immediately, because once it is sold, the third party also gets involved in your family dispute.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, as it is the anscestral property then yes, all children would have equal rights including the sister if any.

Secondly, yes you can stop them by filing a suit for partition in the civil court, and also put prayer for not to alienate the property further.

Thirdly, you can also ask for the equal share in the money which they have already earned after selling some part of the property.

Fourthly, if they deny then the same would be deducted form their share which would be decided by the court and will be distributed amongst you all.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

First of all as per law the property that belonged to your grandfather is not ancestral in nature.

You cannot claim, as a grandchild any share in your grandfather's property as a right misconceiving it as ancestral property merely because it was your grandfather's property.

After inheriting his respective and legitimate share out of his deceased father's property, your father and the other shareholders become absolute owners of their respective shares in the property that were partitioned among themselves.

The respective shareholders having clear and marketable title to their respective shares in the properties, are having full rights over their share of properties to sell, alienate or encumber them in any manner as they desire and decide.

They need not have to take permission or consent from anyone including their respective wives or children to sell their share of properties to anyone of their choice.

Hence you cannot claim any share in your father's share in the property at least not during his lifetime.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Sir property created by grandfather and later received by his children that is your father and uncle is not ancestral property it will have same nature as the self acquired property.so you do not have any share in the property so cannot prevent them to sell these properties.

Children has no right in the property so it's on there will to distribute share.

Sir an ancestral property is that which is unpartitioned and jointly held by family from 4 generation if property is partitioned it is not ancestral property so even if you institute a suit it will be rejected on outset and further create a ruckus among family members so peruse father not to sell. You shall get right on property in case of intestate demise of father before that if he doesn't transfer it to you no right.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You need to file a partition suit in civil court for the same. Need to take a stay for sale of the same and creating third party rights

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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