• Paternal 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.
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

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 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

Sir,

You have a equal right on your ancestral property so you can demand for partition of property and retain your portion.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

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

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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 .

Shashidhar S. Sastry
Advocate, Bangalore
5117 Answers
314 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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।

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

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  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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. 

 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

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.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes you have a share in it being ancestral property. Need your noc

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Yes, You have fullest right!

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

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