cha 25 February 2015

Stop selling of property by grandfather

My grand father and grand mother have property in there name which is not ancestral. They bought some of the property and got some through charity.Now they want to sell some of there property without our consent. My question is

1.Can i stop my grandfather from selling the property without my consent with filing any petition.
2.As the property is not ancestral can they give the whole property to one of there sons without our consent and is there any way to stop this and divide it equally
3.The property in the name of my grandmother shall be divided between his sons and daughters equally or only daughter is eligible to get all of mothers property.

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Sandeep Naik (Advocate) 25 February 2015

Only the ancestral property can be partitioned according to personal laws. Self acquired property if not of a Muslim person, cannot be divided according to rules of partition or inheritance. A person during his lifetime can make any arrangement for disposal for his self-acquired property, he is not under any legal obligation to distribute his properties among his heirs. And for this he does not need consent of anyone.

Your grandfather can transfer his whole self-acquired property to anyone, even to only one of his sons.

You cannot stop your grandfather from selling or disposing his self-acquired property against his wish.