1. See since the property is transferred in each generation it is not ancestral and you have no.right over the same and father can mortgage transfer sale same without your consent.
My father's rights on my great grandfather's property
My great grandfather has allotted a property to my grandfather and my grandfather to my father. 10 years back my father out of affection has registered his share of property with his own younger brother by dividing both land and building into two equal halves for each. 3 years back they both together have mortgaged the property for building renovation. My question 1) Is it legal for my dad to share his property with his brother without my consent? 2) Is it legal for my dad to AVAIL mortgage loan in bank without my knowledge or consent? Awaiting you valuable advice. Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu
17 Answers
Dear Client,
Through what mode property allotted is important, if intestate succession from great grand father to your father than you have share in the property. If allotment through GIFT/WILL/SETTLEMENT than you have no say, father is at absolute liberty to alienate his property.
No being a legal heir your consent is necessary. It's illegal.
Your consent is not necessary for father to give share in property to his brother
father can mortgage the property
it is not ancestral property
One small correction. My great grandfather has given the property directly to my father when my father was a minor (11 years). At that time my father's brother was not born. Only in 2010 my has has shared the property. Please advice.
Asked 7 years ago
Through what mode property was given to your father ? I think , it may be through Gift/settlement/or through WILL. Father is absolute owner.
Great grandfather must ha ve execute d gift deed in father favour
father can share property with his brother
I need to understand the complete facts and circumstances to answer this question . Documents need to be perused. Unless it is ascertained ancestral or separate property it will be difficult to answer .
My number is available in google .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
1) If they property belongs to ancestral property than you also has your share in that property.
2) YOur father can't give your share to his brother without your consent. He needs to take your permission or NOC from as per Indian Succession Act.
Property came to your father from great grandfather through grandfather so if he has registered agreement with his own brother then it can't be said that he has done it in affection so if you have been harmed in anyway you have all the rights to challenge that agreement otherwise your father and uncle are fully empowered to division or mortgage the property.
Dear Sir,
If your grandfather allotted the properties to your father through Will, then your father was absolute owner of the property. He can do whatever with his property.
Since the property was transferred to the father by grand father it is not ancestral property, you have no right over same.
Even if he was not born, he will be heir by birth.
1. IF Father has received a ancestral property by proper "partition proceedings", THEN such partitioned property cannot be classified as "ancestral property" and such partitioned property becomes the absolute property of the Father, for all purposes including Gifting /Transfer /Sale /Mortgage /whatever, without any reference to the children of Father.
2. In lieu of above, the Father is entitled to give his property to his brother and even mortgage the same, without any consent of ANYBODY.
3. HOWEVER, point no. 1 & 2 above, will not be applicable if the property continues to be unpartitioned ancestral property.
Keep Smiling .... Hemant Agarwal
That would depend on whether the property was your great Grandfather's “self-acquired” property or whether it was an ancestral property.. If property is self acquired then your father can transfer to anyone without consent of his son.
If property is ancestral then without consent of successors he cannot transfer entire property but he can transfer only his share.
- As per the information mentioned in the present query, makes it clear that you all are coparscners in the property including you, your father and your uncle.
- It is right that if your uncle was not born at the time of giving the land to your father then your uncle may not have any right in the property, but you will have to prove it by way of any registered document, if any.
- Yes, your father cannot do that with his share as in the same share your right is also there to have your own share in it.
- And it has not divided as per law, so he can’t do that without your consent.
- I would advice you to file a suit for partition, declaration that transfer in favour of your uncle as void and injunction for taking any loan or creating any third party with respect to the same land in issue.
1. This property after being allotted to him as his share, shall become your father's own and absolute property hence he need not take anyone's consent or permission to transact with the property in any manner that he may decide.
2. There is no illegality in it
Since this property was transferred to your father by a registered deed to your father, he becomes the absolute owner of the property hence nobody can question his authority over it.