Frequent question: Can my father sell his property without my consent?

Can my father sell property without my consent?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

How can I stop my father from selling my house?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Can son claim father’s property when father is alive?

As long as your father is alive you cannot stake a claim to any of his properties, and since the property is self-acquired, he can will it to anyone he wants. However, if he dies intestate, you being a class I heir, can stake a claim over it.

Can father sell Sons property?

As far as prevailing law is concerned, there is no bar in father selling his property to his child. … If the property is a self acquired property i.e your father has purchased from his own income , then he can sell the same to anyone including you & your sister .

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Can a father give his property to only one son?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Who has rights on Grandfather property?

A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations.

Who are the legal heirs of ancestral property?

A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.

Is it true that ancestral property once divided becomes self acquired?

It is helpful to first understand the concept of ancestral property under the Hindu laws. … When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.

Can daughter claim father’s self acquired property?

But in 2005 the law changed and now the Hindu law states that the daughters and sons have equal rights on father’s self-acquired property and also on ancestral property irrespective of their marital status. A Hindu daughter can claim her share of the property after the death of the father.

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How do I claim my father’s property shares?

File a partition suit claiming your share of your father’s property and in that event your brothers will produce the will/deed executed and egistered by your father, if any, 5. If your brothers cannot file any such document then it will be easier for you to get your share of your father’s property.