Hi I'm 28 male and from chennai. My father has one acre land which was given to him by his own grand father directly long ago(not inherited) Now he wants to sell it without our consent. Is our sign required for him to sell as we are his children? Is there a way we can stop it by atleast dragging the case since I don't want it to be sold.
Directly in what mode ? gift/settlement/ Will ? - If any of them - it`s personal property of father, no say of any.
File case that land was inherited from 4th generation (intestate), and grand children have coparcenary right, transfer document is forged.
Consent of the legal heirs would not be required as it is not ancestral property as per law.
You can file a case to drag it, chances of any success are very less.
You have no share in said land during your father lifetime
2) your father does not need your consent to sell the land
3) it is not ancestral property
Property gifted by grand father to your father fails the test of ancestral. Property needs to pass down undivided through inheritance to fourth generation that is from great grand father to great grand son. Or in other words it must be four generation old.
In the present case the property shall be treated as self acquired property in law, which your father can dispose of as per his wish.
By filling a case you can buy some time.
Let the buyer be informed that it is ancestral property.
Have you filed ay case?
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
It's not inherited property, kindly check has he got via gift or sale deed etc.
If you check all mutation papers you will come to know whether its ancestral property or not.
If it's not inherited than you can't stop to your father for selling the land.
Dear,
You want to drag this in court, but no long this case will run.
This property is belongs to your father, so he don't need your consent.
Talk with him politely and present your views, god knows he will be ready with your wish.
He can't sell. Children can take injunction from civil court against the sale
See if it was directly given it is not ancestral he is sole owner of the property and he can sale the property on his wish no signature is required.
If it is an ancestral property you can stop your father from selling the property and if it is his self acquired property you can not claim any share.
If your grandfather had gifted the property to your father or allotted it to him as his exclusive share as part of a family settlement, that property became your father's exclusive asset. He can deal with it in any manner he deems fit. Consent of none is legally required.
If this property was transferred to your father's name by his grandfather directly by a registered deed, then it becomes your father's own and absolute property.
He need not obtain permission of consent from any of his children to sell this property.
Therefore any case intended to file by you may not be maintainable.
No your signatures are not required because the land will be considered as self acquired property of your father
No you cannot stop the sale by filing the suit as your suit will likely to be dismissed as the property is gifted to your father by his grandfather.
