• My sons rights in ancestral property

My grandpa was a mulgenidar staying with my grandma & his sons. He passed away before the Karnataka Land Reforms act was passed. After the act was passed my grandma got occupancy rights via Form 7 & Form 10 in the year 1980. My father wants to sell the property. The relationship between my father & myself are strained. I want to know if my son has any rights to the property as he is a great grandson I.e is the property ancestral property for my son? I have read that ancestral property flows from a male lineage but in the current environment, is the male lineage relevant ?
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

Your father is at liberty to sell the inherited property

As far as your father is concerned it is not ancestral property and he does not need your consent or your son consent to sell the property

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

In case ancestral property is sold without consent of other members court can set aside sale of property

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

There is a right you and your son. Whether your in speaking terms or not. Rest all the acts are not relevant. You can go for injunction order to stop the sale or may send a court notice for partishan suit

Sudhindra Bhat
Advocate, Bangalore
51 Answers

Not rated

Dear Sir,

You have several options to restrain your father from transferring the land to others. You must first put a case in Civil Court. It can be considered as joint family ancestral property or HUF property. More discussions in person. The law is as follows. Occupancy rights were conferred to your grand mother on behalf of entire joint family.

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Re. Question (4):- Civil Court alone has the jurisdiction to grant a decree for partition and separate possession of tenanted agricultural lands, more so, when the said question has been kept open in a proceedings arising out of the KLR Act. Please see following judgment online.

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Karnataka High Court

Sri Parushuram Nemani Kuduchakar ... vs Smt. Shantabai Ramachandra ... on 17 June, 2004

Equivalent citations: ILR 2004 KAR 3355, 2004 (6) KarLJ 275

Author: N Kumar

Bench: N Kumar

JUDGMENT N. Kumar, J.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Dear Client,

After the death of Grand Father, his property inherited in wife and children and acquired status of personal property,

So not ancestral. as concept of male lineage obstructed due to grand mother.

Without consent, property restores and sale proceed distributes if agreed by the party or have minimal share in property.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

If there was a partition among the descendants of the original owner in the second or third generation, then the property loses its ancestral character.

If the property status remained the same right from the original owner to the fourth generation, then it can be considered as ancestral proeprty in the hands of the fourth generation children.

You may analyse the situation before making any claim on it as per your understanding, because your grandmother seems to have acquired the property, hence the nature of ancestral property extinguished.

Therefore you cannot stop your father from selling his share of proeprty neither your son will be able to claim any share in it in any capacity.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

What happens in case an ancestral property is sold off without the approval of all concerned members ? When the case is won by the dissenting members, do to the courts restore the land to the "original" members who are then free to divide the property OR do the sales proceeds get divided amongst the inheritors and the buyer gets to keep the land ?

It depends on the situation and the judgment the court may pronounce since it will depend on the situation prevailing at that time.

If the proeprty cannot be divided then the court may bring it to sale and distribute the sale proceeds among all eligible/entitled claimants.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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