• How to stop selling the land

Hello Sir,

My Name is Ramesh residing at Karnataka, We have a piece of Agricultural Land in two different places with different survey number in Bangalore Rural self aquired by my Grand father from his own resources, Ownership got transferred to Grand mother after his expire in 2000.My Grand Mother didn't do any partition or will in her life time, after her expire thier 5 childrens(4 Borthers and 1 Sister)
Transferred the ownership Mutation Jointly on there Names in 2015 after my Grand mother expire.Now All the 5 members are ready to sell the land and divide the amount equally, Being a Grand son, I have a below queries on my head please advise .
1.Do i have any rights to stop selling the land which belongs to my father share or can my dad sell the land with out his childrens consent?
2.If yes, what is the procedure and documents required to stop selling the land?

Reason For stopping the Land.
1. My Dad's very cruel and he didn't take care us from the beginning he's very irresponsible person. Niether he supported for our education or provided a piece of mind in the house.
2.He's addicted to alcohol and he spends lot of his earning on his friends instead of family.
3.Even though he's a govt employee he didn't saved anything for our future.
4.Now he and including his brothers are trying to sell the land, my dad's blackmailing us and mom stating that he will suicide if we are not signing.
5.In last 10 Years we have sold piece of lands (exluding above), but he spoiled all the money.
6.Now since we are major now, not sure how to deal with these kind of  situations either to fight legally or Emotionally. My uncles are not helping us to save the land. 



Please Please advise us to how to handle such situations.

Thank You
Tejus.S
Asked 11 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) your father can sell land without your consent 

2) you have no share in said land during your father lifetime

3) it is not ancestral property but self acquired property of grandfather  . On his and grand mother demise your father has one fifth share in said land 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
as per your description, the property is ancestral, as a grandson you have equal rights in the said property, if your father is what he is as described by you, then file an injunction suit against the proposed sale while seeking partition of the joint family properties, this way you can prevent him from selling off the property and spoiling away the proceeds.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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1.Do i have any rights to stop selling the land which belongs to my father share or can my dad sell the land with out his childrens consent?
This was your grandfather's self acquired property and was inherited by his children after the same passed over to his wife who also died subsequently. The property now inherited by your grandfather's legal heirs have either been partitioned or being jointly enjoyed by them and they have decided to sell the duly mutated property jointly on the basis of joint owners. Therefore there is no  question of interference of any third person in their proposed plan for alienation, through you are the grandson, you are a third person hence do not have any rights in your grandfather's self acquired property. 



2.If yes, what is the procedure and documents required to stop selling the land?
When you dont have any rights or interests in the said property, the further questions are irrelevant.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Reason For stopping the Land.
1. My Dad's very cruel and he didn't take care us from the beginning he's very irresponsible person. Niether he supported for our education or provided a piece of mind in the house.
2.He's addicted to alcohol and he spends lot of his earning on his friends instead of family.
3.Even though he's a govt employee he didn't saved anything for our future.
4.Now he and including his brothers are trying to sell the land, my dad's blackmailing us and mom stating that he will suicide if we are not signing.
5.In last 10 Years we have sold piece of lands (exluding above), but he spoiled all the money.
6.Now since we are major now, not sure how to deal with these kind of  situations either to fight legally or Emotionally. My uncles are not helping us to save the land. 

In the above given situation, though legally neither you nor your mother or other siblings have any right to stop him from proceeding with the sale of the share of his property, your father, an alcoholic addict will not listen to your pathetic pleas, hence when he once again pressurises you people to sign the papers for sale of property, you all may staunchly refuse to sign.  If he still poses threat or enacts suicidal drama, ask him to proceed because he is trying to hit at the sentimental point where you people may give in.  He wont have courage to commit suicide, moreover an alcoholic addict will keep repeating such dramas for the sake of the money required for his daily consumption of liquor, they will not bother about other's well being especially the welfare of their dependents. 
Besides, your mother and unmarried daughters may file a maintenance case as well as DV cse against him for the tortures after consumption of liquor and also for not maintaining or giving money for maintenance. In the DV case your mother can file an injunction suit against the alienation of property for creating charge on it for recovery of maintenance amount. This would be the alternative legal option to put a stop to the proposed sale of the property. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
This property was the self acquired property of your grandfather, which after his demise devolved on all his heirs through succession. You have no share in the property during the lifetime of your father. Your father is at liberty to alienate his share to anyone he desires. So no stay can be granted.
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
Hi, you can file a suit for partition of your share in the properties and also file an application before the court not to alienate the properties till disposal of the suit.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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 Being a Grand son you have no right over that property. Now the best option is to file a maintenance petition against father by mother 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The society people are ignorant of the law. Widow and children are the heirs to the man who dies intestate. Unless you can prove the property as ancestral you have no legs to stand on before the civil court. 
Ashish Davessar
Advocate, Jaipur
18170 Answers
449 Consultations
5.0 on 5.0
1) grand son has no rights on grand father property during  their father lifetime . 

2) on your grand father demise your grand mother ,five children have equal share in property  

3) on  grand mother demise her share devolves on her sons and daughters . 

4) please note that it is not ancestral property but self acquired property of your grand father . 

5) you cannot file suit for partition to claim share in property inherited by your father 

6) you will be wasting money on litigation and court fees 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
1.Since most of the people in the society says that in (Hindu family) Grandson has more rights in grandfathers property than his father, 
Could you please clarify if this is true with an simple scenario please.
You have been wrongly in formed about this.  The grandson can derive rights from his father alone and not directly from his grandfather.



2. As advised by Kiran N. Murthy Advocate from Bangalore. Though i filled a case for partition in the court. How would be the partition might happen in the court. below are our Property details. 
The partition suit may not be maintainable in the given situation. You can try the other route as suggested earlier.



3.In which court to file a case for partition and documents required for the same?
Partition suit can be filed only when your father is no more over his shares, hence there is no question of partition suit.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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