ABOUT ANCESTRAL PROPERTY

How do you say it is ancestral property if the property is owned by your gfrandfather and property title documents are on his name.

If you do not have any rights in the property then your claim for a share in his property is not valid and an illegal claim, hence you clarify that how this property which is in your grandfather's possession is an ancestral property after which more proper opinion can be rendered

Your father can file a suit for his share if it is ancestral property.

You can file a suit for partition to claim a share of property out of your father's share out of your grandfather share in his ancestral property if you confirm it to be an ancestral property.

You can consult a local lawyer and proceed as suggested.

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File a njunction petition

Thank you.

If the tile of the property is in the name of your grandfather then I think there is nothing you can do here, but if you have some rights in the property then I think you can definitely file a lawsuit.

If it is an ancestral property then you can file a lawsuit as an ancestral property cannot be sold by one individual without the consent of the other stakeholders of the family.

File a civil suit to stop the sale within 3 years.

Is there any real issue or is this one more question paper? If a real issue, please inform how the property is ancestral.

File suit for partition  as joint family property if it is in court your gf share can be sold by him and compromise with him leaving his share.

Dear Ram Lal Jat,
Thank you for your query! I am Aadil and I will try to answer your question.

The short answer for your question is NO, the ancestral property cannot be sold without the consent of the inheritors.

This is bound by the fact that the property classifies as ancestral. For a property to classify as ancestral in India, it must be a property that has been passed down through four generations of male ancestors, without being partitioned, sold, or divided, as per the Hindu Succession Act, 1956. Once the property is partitioned, sold, or divided, it loses its status as ancestral property, and therefore the four generations of inheritors also lose their claim over the same.

The ancestral property cannot be sold by the sole decision of one of the owners of the property, as there are four generations of inheritors with claim over it. Therefore, the consent of these inheritors is also necessary.

In case a partition suit is pending over the property, provided the court has issued an injunction order against the sale of said property, selling this property while the suit is pending would result in contempt of Court.

I hope this helps. Thank you for your time and patience!

Regards,
Aadil