• Right on land

My maternal grandpa bought a 7katha land in the name of my grandma in the 80s. In 1997 my grandma died leaving my grandpa, two sons & two daughters (one is my mom) behind. She made no will before her death. My parents married in 1990 & I was born in 1991. My two maternal uncles are married. One has two daughters & other has one son. My maternal aunt (mausi) was unmarried and she died in 2005. My grandpa died in 2003. Before 2005, 1.5katha plot was sold to third party. In 2010 the remaining plot was divided among my mom & two uncles by deed of partition. My mom got 2katha of land. In 2013 my mom died. The 2 katha land is registered in my mom's name. I am my parents only child (son). Now my father & I am the only legal heirs of that 2katha land. Transfer of name of the land has not been done yet and mutation is also pending. For home loan purpose I talked bank's advocate, he told that first the land will be divided between my dad & me equally, then my dad will gift his part to me, then I can apply for loan for the full land. Now my dad is saying that he will not give anything to me and will sell his part. Can he sell his part without my consent? The land is still in my mom's name. Can he kick me out from the land? Please advice. I am hindu & married.
Asked 4 years ago in Property Law
Religion: Hindu

12 answers received in 1 day.

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12 Answers

1. Yes your dad can sale his share freely without your consent.

2. No you are co-owner he cannot kick you out but for his undivided share he can sale same or can file for partition.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No he can't sell it without your consent. You can seek an injunction against him not to sell wit no your consent

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Father CANNOT sell the un-partitioned /un-divided Land, without your written consent or joint & mutual signatures on the new Sale Deed, more so since you are the legal heir and have EQUAL stake in Mother's property. Hence there is no legal possibility of kicking you out from the land.

2. You have an last option of filing an Partition Suit in the local Civil Court, for your share ratio of Mother's property (all properties).

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You and your father are co owners of land 

 

2) your father can sell his undivided share in land 

 

3) however before sale mutation should be done in your name and father name 

 

4) your father cannot dispossess you from the land 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Hi

Yes your Dad can sell his part without your consent. 

No you cannot be kicked out from the land as you also have share in it.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

Your father can't sell that land like he wishes because it is ancestral land and you can't be ousted as he wishes. Rather, there are several judgments of the high court and supreme court that ancestral land can't be sold to outside person and you may get the injunction order against father regarding this and restrict your father from selling land to other person. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You and Father have 1 khata each. Father can sell/alienate his share of land. You can obtain loan on 1khata land. Oral partition also valid. Mutation is not necessary. Your title on land by intestate inheritence is perfect.

To sell his part, you have preemptive right to purchase Nd only when you do not purchase than father can sell his share to third party.

If father sell his share to third party, you can obtain stay from court to offer land for sale to you first. And only when you dont/cannot purchase, he can sell to third party.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

no he cannot sell coz 2 katha was in the name of your mother and after her death you both are legal heir i.e 2/1 and 2/2 so it has to be decided that whose share is where.

file a suit for injunction so that he may not sell that.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

4.6 on 5.0

1. Your father can sell of his 50% undivided share of the said land to a third party after offering you the same for selling at the same price offered to him by the third party.

 

2. In case you fail to buy his share at the said price, he can sell the same to the third party.

 

3. The third party thereafter can file a partition suit against you.

 

4. He can not throw you out or deprive you of your right on the remaining 50% share of the said land.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

The property left behind by your deceased mother shall devolve equally on her own legal heirs if she is reported to have died intestate.

Now since you and your father are the only legal heirs to your mother, you and him are entitled to an equal share in the property left behind by your mother.

You can very well file a partition suit to divide the proeprty into two parts and for allotment of one such equal share with separate possession. 

Your father can sell only his share of property that too only after identifying his share in the property and not before that.

You can file an application for temporary injunction in the same partition suit restraining your father from alienating or encumbering the property in any manner till the disposal of the main suit for partition. 

You can consult an advocate immediately and take necessary steps in this regard before it becomes late.  

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

1. Yes your father can sell his share without your consent but for selling the property must be partitioned.

2. No he cannot kick you out of the land you will get half of land as you are legal heir of your mother along with your father. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

your father is absolute owner he can sell his share without your consent.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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