Sir my grand father is two brothes and they have farming land which is divided into three parts and my grand father have two sons so, naturally the farming land of my grand father should be divided into two parts but before dividing the area between his two sons, my grand father is selling that property without intimating my dad and without saying any reason his intension is to nil the property. so, I want to know can we object to stop selling the property legaly.
Asked in Property Law from Gyanpur, Dist Bhadohi., Uttar Pradesh
1. Is this his own self-earned property ir it is the ancestral property.
2. If it is his self-acquired property you could do nothing.
3. if not then file a suit for partition and injunction.
your grand father can sell self acquired property without consent of your father .
only in respect of ancestral property it cannot be sold without your father consent .
your father should file partition suit
1. If the entire property or your grandfather's share of the property has been self acquired by him/them, then he can do whatever he wants with his share of the property,
2. He need not take any body's permission to deal with his own property unless it is ancestral property.
1. If it is the self acquired property of your grand father then he can sell it at his sweet will to any one he desires at any time.
2. If, however, the property is ancestral in nature then it cannot be sold without the express consent of your father. If your grand father attempts to sell the ancestral property without your father's consent then your father may move to court and obtain a stay order in addition to filing a suit for partition.