Dear Sir
If it is an ancestral property file a suit for partition and let the court decide the share of each one.
Father son property dispute
I have an ancestral property(land). Twenty years ago I and My father contributed money to make a new house on that property. I used to live on that property for a 2-4 week in a year, the rest of the time was spent in the city. Recently a highway project was passed by state government and the land was required to build the highway. My father is ready to sell the land, even I am ready to sell the land but My fathers have decided to not give any money which will be given to him by the highway contractor. But I want a share of my money. What can I do?
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
Dear Sir,
No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed. So no need to worry.
If your father sell it to anyone you can claim it in future.
Dear Client,
If land or house is registered in the mane of your father then only he will receive the money.
And
If you have documents with respect to your share in the property then you may claim your share in the amount received.
And
Finally you should file a Suit for Partition so the the received amount be submitted in the court till decision of the the case and the be released by the order of the case in the name either of your or your father. Your will also have to disclose whole source of Income or how he arranged the whole amount.
Only in two below share situation, you can have the ownership of share -:
- If the property is on joint ownership then you are directly entitled to your share.
- And if you have any proof of contribution while construction than also you have the legal right to have the share.
Though you are claiming the share, hence you shall be liable to prove your version.
Regards
Vivek Arya
Hi
Going by the contents of your post, Ancestral property cannot be sold by one co-owner.
All the co-owners need to sign the deed. In case, if there is any dispute, you need to file Partition suit.
since you are co owner of the land you are entitled to equal share in amount of compensation received for land acquisition
request authorities to issue separate cheque for your share in land
Do you have proof of payment contributed by you in the construction, if yes than that much amount can be recover with interest by filling civil suit.
And under obligation to maintain and contribute expanses of parents, recovery may not be possible.
What do you mean by ancestral property ? Are you the 4th generation ? if yes than you have claim in property, submit objection to land acquisition officer.
See if the nature of the property is ancestral then in that case you can file a suit.for partition along with the stay application to stay sale.of property pending the suit.
As per Section 6 of the Hindu Succession Act, you have a right on the Ancesteral property.your father cannot sell ancestral property without consent of Successor.
Further you will have to file a suit for partition thereby seeking claim in the property.
1. You would be entitled to your share ratio of the govt. compensation for the ancestral land, PROVIDED you have documentary evidence of the Title-Ownership of the land and the money contribution for construction of house.
2. Based on the above, serve a proper legal notice to the Govt. and to Father, restraining them from making full payment to Father.
You can send him a legal notice and if not given file a suit for your share
Who is the owner of that property and how many siblings do you have??
If your father is owner then you cannot claims money from sale of that property even if you have invested in that property.
But If property is ancestral and have not been transferred on name of your father then you can file suit against your father to claim your share from that property.
- As per law being son , you can claim partition and your share in the ancestral property of your father.
- Futher , your father cannot sell this property without your consent.
- Legally, you are sharer in the sale amount of the property.
- If, your father denied to pay you, then you should firstly sent him a legal notice after claiming share in the amount of sale proceed , othewise tell him stop the transaction.
- If, no response , then you should file a suit for partition of the property/sale proceed.
If the proeprty is on joint names then you can very well make a claim about it or for your legitimate share in the compensation amount.
You say that it is ancestral proeprty but grandfather's proeprty will not become ancestral property.
Ifyour father inherited this proeprty from his father then it becomes his own and absolute property, hence any suit you may propose to file against your father in this regard may not be maintainable.
however you may consult an advocate in the local and ascertain the details and proceed only if recommended to file a suit in this regard.
