Legal Question in Family Law in India

There are some family issues,My father is going to sell our home.Property's owner is my father.Is there any law or is there any rights as a son for me which can help me to stop him to sell.


Asked on 12/15/13, 2:43 am

3 Answers from Attorneys

The property is self acquired. no you cannot force him not to sell the property as a son you have no right unless you have a share in the property.

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Answered on 12/15/13, 2:46 am

The advice will only accords after knowing that how the property came in your father hand. To know in detail, contact:

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Answered on 12/15/13, 7:50 am

The answer to that question depends on whether the property that is with your father is his self acquired property or ancestral property. If it is an ancestral property, then your father has no right to sell the entire property. He can only sell his share of the ancestral property. In case of self acquired property, the person can sell only his share in the ancestral property. However, if it is his self acquired property, he has the absolute right to sell the property. No one has any birth right in the self acquired property of a man.

Ancestral property means property earned by propositus of the family, which is yet be partitioned by their sons. The definition of �ancestral property� as stated by the Courts means the property purchased by great grandfather. Such a property would be treated as ancestral property. In the ancestral property son and daughters of the propositus have to birth right. Even grand sons and daughters have got share in the share of their father.

Therefore, if the property is ancestral, you may approach the Court and obtain a stay on the sale of the property. However, if the property is self acquired, you have no legal means to stop the sale of property.

Consult an expert to help you with your case. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/23/13, 12:09 am


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