• Ancestral property claim

Can I sue my Father for selling ancestral (Grand father's) property without my knowledge?
Asked 5 months ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

If it is grand father self acquired property and on his demise father inherited the property it is not ancestral property 

 

2) if it is ancestral property you can file suit to set aside sale of property and claim your share in the property 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

Hi, you can file a suit for partition and seeking your share in the property.

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
266 Consultations

4.5 on 5.0

In the ancestral property if you had share at the time time of sale by your father then you can file a suit for declaration, partition and for setting aside the said sale deed.

Devajyoti Barman
Advocate, Kolkata
22341 Answers
343 Consultations

5.0 on 5.0

First of all be aware that your grandfather's property is not ancestral property, hence you have no rights over the share of your father in your grandfather's property at least not during his lifetime.

Therefore do not waste your time, energy and money on non maintainable litigation.

 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

Yes you can if you are a legal heir

Prashant Nayak
Advocate, Mumbai
23361 Answers
49 Consultations

4.4 on 5.0

1. On what basis do you claim the property is ancestral? Even if it was ancestral in his hands it may not necessarily be ancestral in your hands.

2. Unless you can prove that property sold by him was ancestral in your hands on the date of sale, you have no cause of action to challenge the sale.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

- Yes, you can sue your father for selling the ancestral property without getting consent of others. 

- However, if your father has received his share in the ancestral property after getting partition /distribution , then it will considered his self acquired property , and others consent is not needed for selling that property. 

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

yes, you can sue your father. The property is not earned by your father so he can't sell an ancestral property. There is equal ownership between you, your father, and your upcoming generations by birth. If the ancestral property is partitioned then he only sells his share in the property and if the property is not partitioned then he has not any right to sell the property.

Anuranjan Patel
Advocate, Patna
9 Answers

Not rated

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer