It is not ancestral property
2) your father is at liberty to sell land without your consent
3) property which has remained undivided for four generations is ancestral property
Hi I have questions.. As my father is selling land in my village which he got from his father. Do I have any right to hold him legally by doing that? As he is stubborn and don't consult anyone in home.
It is not ancestral property
2) your father is at liberty to sell land without your consent
3) property which has remained undivided for four generations is ancestral property
Sir,
You have a equal right on your ancestral property so you can demand for partition of property and retain your portion.
Self acquired property of your grandfather - If there was no Will at the time of your grandfather’s death - you get nothing. You are not a Class 1 legal heir. But your father is. So, he gets everything and can do with it what he pleases.
In case there was a Will, and it names you,then the property is allotted to you in the proportion that it is bequeathed to you in the Will
1. As per your narration if it's your grandfather's self acquired property, then in your father's hands it's your father's self acquired property. In that case, you will not have any right over your father's self acquired property during his lifetime.
2. In case your grandfather got it as ancestral property, then you will have right over the property to the extent of your share and your father cannot sell the entire property without your and other legal heirs' concurrence .
If the land is received from the father in inheritance or after partition of the property you don't have any right in the property. So father can sell same without the consent.
You only have the right if the property is hindu undivided property.
If it's ancestral property, then father cannot sell it without your consent। if it is self acquired property he can dispose it anyway wishe's।
Hello,
If the same is an ancestral property then you may file a partition suit in the district court of the village and may claim your share in the property as per the Hindu Succession Act.
Regards
you directly don't have any right to stop him from selling his ancestral property. You are legal Hier but not a coparcener to the property.
However, you can file a civil case and ask the court to stop your father from selling the property as you are the legal heir and only place to live.
Secondly, You can go another way around and file a civil case where you can produce a Will which is in your favor or in your mother's favor. (get it made by a handwriting expert in your grandfather's handwriting). This way you can pull the matter to the next 10 years.
do remember that when you file the case get a stay order on sell and
not in use, also move an application that your father should be stopped from selling the property.
Further, you can ask the court to submit the original papers with them while issuing an order of stay on sell to Registrar's office.
there is no other way without approaching the Court.
Dear Sir,
Legally you have no right since it is his self acquired property in his hands though it was received from his father. However your mother can restrain him by seeking maintenance and further relief not alienate the property during her life time. You have right only after death of your father if he died instate. Further you have right over ancestral property which means.
What does the grandparent's property law in India state? Does the grandson own the right to the property?
All property's owned by a Hindu person devolves onto his class one legal heir's.
Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)
Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.
Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.
Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.
Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.
To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.
Hope this brings some clarity to your question and your sense of entitlements.
Your father becomes the absolute owner of the proeprty he inherited from his father.
Hence you cannot legally stop him or restrict him from selling his own property.
You can rope in elders of the village or the family to advise him about the adverse effects by his act and request him to stop doing this.
1. It is not clear by which means he gt this property from his father. If he received this without any Will then the same is regarded as his ancestral property .
2. if that is so then he can not transfer the same depriving your share in the property .
3. However to stop him from this, you can file a suit for partition and injunction.