Yes, being ancestral property inherited by your father, you can claim your share in the property.
Do I have any rights on a property that my dad inherited fm his mother
Me and my family including my dad lives in a house that is built on land my dad inherited from his mother . My dad had to sell the property without asking any of us . Now that we came to know about it , I would like to file a case against the buyer and my dad Is it possible ?
Asked 3 years ago in Property Law
Religion: Hindu
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18 Answers
But my father inherited it from his mother , not his father . Is that still considered as ancestoral property ?
Asked 3 years ago
It is your father's own and absolute property.
€He need not seek permission or consent from you or anyone at your home to sell or dispose the proeprty in the manner he may feel right.
No case will be maintainable even if you are misguided to file a suit seeking any share in the property.
Nobody is entitled to any share in the property which is on your father's name at least not during his lifetime
Did your grand mother purchase the same from her own earnings?
You have no share in property inherited by your father from his mother during father lifetime
2) father can sell the property without your consent
It is not ancestral property
It is self acquired property of grand mother inherited by your father
It's not ancestral property.
After inheritance, it becomes your father's own and absolute property.
Property sold by father is ancestral property even if it is inherited from his mother and your grandmother. Ancestral property cannot be sold with consent of all legal heirs. Any legal heir can challenge such sale and get it cancelled. Issue lawyer's notice to all legal heirs and the buyer of property and file a suit for partition and separate possession in civil Court. Also seek cancellation of sale deed registered by father. You can obtain certified copy of the sale deed from the office of Sub-Registrar and file it in Court.
1. If your father inherited the property from his mother, then the property will be his seperate property having the characteristic of self acquired property.
2. Your father had all the rights to sell the property, without consulting anyone, including his wife and child/children, as it's not an Ancestral property.
3. Even if you file a case against your dad and buyer, it would be futile.
4. Property inherited from mother is not considered as ancestral property.
An ancestral property is one which is in continuous possession and enjoyment for at least four generations and has not been divided. In your case, your father inherited the property from his mother. It is not ancestral. Your father is legally free to deal with it in any manner he deems fit without anyone's claim or concurrence.
Your father can deal with the property in any which manner so desired by him..
It's not ancestral
As the property belonged to your mother it was an ancestral property and hence you have a share in that property.
That was an ancestral property and hence you have a share in that property. You can sue them.
Dear Client,
The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother are alive. The grandchild does not have a birthright on the self-acquired property of the grandparent.
Yes you have right for your dads share
1. The property belongs to your father since he had inherited it from his mother.
2. So, he can do whatever he wishes to do with his said property for which he won't have to take your or anyone's consent.
1. Ancestral property is defined differently. It is not an ancestral property.
2. It is his property which he had inherited from his mother.
- As per law, the properties acquired from one’s maternal side do not qualify as ancestral properties.
- Since, your father has inherited that property from his mother , then after getting the same it will considered as your fathers self acquired property.
- Hence, your father has right to sell the same without taking consent of other family members , and only after is demise one having right over the property .
