• Parental property

Hi Sir,

I along with my dad and brother  received  lawyer notice from my sister  asking us to  stop selling ancestoral  property. 

We have 3 properties , 2 bought by my parents and one came as ancestoral. 

Will my sister have right to stop selling parents bought property?

My parents are not interested  to give a pie to my sister.

How we can proceed on notice and what can be done with  parents  and ancestoral  property.
Asked 11 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
What does she means by ancestral properties?
A legal notice cannot stop you from going ahead with the proposed alienation or transfer of the property held by your parents.
She cannot restrict your father from transacting with his self acquired property.
If she was married before 2005 and if the one property referred to herein above is really ancestral in nature, she is not entitled to a share in it
Therefore ignore her notice and proceed as per your proposed action plans.
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
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On what basis you call the property ancestral? Be that as it may, if the property is ancestral in the hands of your sister then she has an equal share therein. You are free to sell the property to the extent of your share in it but her share cannot be sold. Put up the notice to your lawyer for an appropriate reply.
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
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1) Sister has no right on father self acquired property 

2) only if father died intestate would daughter have any share in property 

3) reply to legal notice that it is patents self acquired property and sister has no share in same 

4) your father can sell  , transfer , create third party rights on his self acquired property 

5) daughter has share only in ancestral property 
Ajay Sethi
Advocate, Mumbai
27331 Answers
1486 Consultations
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she has vested right in the ancestral property so she can stop it. you should appear in the court and take plea that selling of property is in welfare of the family. 
 
your father is karta of ancestral property and he has some special right as a karta. if he take above plea court cannot interfere because karta has priority over the court to decide welfare of the family.

daughter's right to stop selling of ancestral property is limited
Shivendra Pratap Singh
Advocate, Lucknow
3146 Answers
47 Consultations
4.9 on 5.0
Yes your sister being on if the legal heir has the share in the ancestral roperty.
However she has no right in your parent s property as it is self earned.
If the matter reaches to court, s she can demand only a share in the ancestral property.
As long ás your parents are alive she is not entitled for any share and can seek any claim only after their deaths if they die intetate/without any WILL.
Thresiamma G. Mathew
Advocate, Mumbai
1359 Answers
96 Consultations
5.0 on 5.0

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