1) property which has remained undivided for 4 generations is ancestral property

2) if it is ancestral property you can file suit for partition to claim your share in property

3) seek injunction restraining father from selling the property

Hi

this is not an ancestral property having the incidents of a HUF coparcenory property

this property is inherited by your father from his maternal side

so it becomes his self acquired property and not an ancestral property

had he inherited the property from the paternal side, ie from your grandfather, then it would be treated as an ancestral property in which the father, sons and daughters would have equal rights

so in your case I am afraid you can claim anything from this property as it is a self acquired property

your father can deal with it in any manner he likes without any reference to his children

your right in this property will emerge only after demise of your father provided he has not sold it in his lifetime or made a Will of it in favour of some other persons

Since this is an ancestral property, you acquired an interest in this property by virtue of your birth.

You having an interest in this property, you can claim it by virtue of survivorship.

See the latest judgement delivered by the Hon'ble Apex Court in the case of Shyam Narayan Prasad vs. Krishna Prasad and Ors. (2018) & SCC 646

This is my response to you:

1. You have a right on the property;

2. At this belated stage file a suit;

3. Also file application for stay and injunction.

But for claiming the right over the ancestral property , you have to file a partition suit against your father and other member who have the right over the property. Once the court orders the partition with metes and bound , you will get your share. It is up to you either sell your portion or live there.

ancestral property can not be sold without consent of successor.

Firslty, as per the information provided in the present above mentioned query, makes it clear that yes the property is of the ancestral nature, no doubt in it.

Secondly, but, you may have to understand as to call a property an ancestral one and showing right in it are, two different things.

Thirdly, as your father have got it from his mother side that means the property will be the self acquired property of your father as main point to make it herited is to get the same from the male member of the father’s side.

Fourthly, as per my opinion, it is very hard for you to get something out of it, but still can be figure out if some judgements may help us.

U have equal Rights on Ur grandparents property.

Dear Sir,

You have every right to claim the share of your ancestral property. You can get a stay order from the court if your father going to sell the property. As this property is not earned by your father so he can not sell it to anyone. According to succession law you and your brother, your sister are legal heir of your grandfather's property. So you need not to worry. If your father sell it to anyone you can claim it.

Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties. Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. Property inherited by him from other relations is his separate property.more clearly says that Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property.

So in your case the property is not ancestral one. Your father can sell / alienate as per his wish to any one. You have no right over his property.So you could not stop selling.

See the nature of the property from its description is not ancestral so in that case the father can sell it no body else other then father in his life Has any right on the property and he can very well sell same.

1) it is not ancestral property

2)you have no right on said property

3) you cannot stop your father from selling the property

Above all this.. Ur father is also getting OR got his portion.

Now u have equal rights on Ur father's property.. what ever he has right now..u and Ur siblings r having equal rights..

U got married with out their permission.. ( love marriage) No worries.. u have equal share..but, u r father is still alive.. so u can't ask now it self..

If he is selling all property, and buying new property on the name of Ur siblings then definitely u can abjection..

Meet a lawyer in Ur area and file for injection/ objection.. for selling the property.

The property though is inherited but would not fall under the definition of the ancestral property as the property is partitioned and further is not in male lineage of the family. So you donot have any right on the property.

an ancestral property is one which flows from great grandfather to grandfather to father and then to sons (and now even daughters)

so if the property has come to a person from three generations above him, then it will be called an ancestral property

in other words the property can be traced from the present generation upto 3 degree above the present generation

with this information you can now assess whether this property is ancestral or not

it flows from grandmother, then there is a partition, then a portion is allotted to your father - clearly it cannot be called ancestral property

Yes, this continues to be an ancestral property. Refer to the latest Supreme Court judgement cited by me.

In my opinion

You can file a suit for injunction against your father alleging that the property in the matter was bought by funds of joint Hindu family hence it becomes joint Hindu family property.

Therefore everyone in family will have right in the said property.

Thankyou

First of all you should understand the meaning of ancestral property.

Grandfather's property cannot be considered as ancestral property.

your father inherited the property from his mother's side hence it will certainly not come under ancestral property.

It will be considered as his own and absolute property.

In this he is the only authority to dcide about giving it anyone fully or to several people in parts.

You do not have any rights in the property during his lifetime.

Now he is trying to sell this portion. He don't want to give me anything because mine was a love marriage.

It is his own right and decision in which you cannot interfere as well as stake any claim in it at least not during his lifetime.

Is this an ancestral property? Do I have any right on this property so that I can stop him from selling ?

This is not ancestral property, you do not have any rights in it at least not during his lifetime.

No the same is not an ancestral property

You may note that an ancestral property is one which remain undivided for four generation and therefore the property mentioned by you ceases to be an ancestral property since the same was divided.

It assumes the nature of self acquired property of your father and it is his discretion to give or not give anything to you.

regards

It is not comes under ancestral property.