Ancestral property
Querist :
Anonymous
(Querist) 21 April 2010
This query is : Resolved
I am intrested to clarify that: Can a father sell any part of ancestral property without the conscent of other legal heirs; Secondly, if has already sold and he is dead now what should be done; Thirdly, is there any validity of his will about the remaining ancestral property, particularly when he had already sold major share of this ancestral property; and finally is there any legal validity of mother's share in ancestral property after father's death particularly when he has also stated it in his will before death. Please suggest legal advice to overcome these dificulties also as one of us is exploiting mother's share as per the will of father. Thanks and please oblige at the earliest.
R.R. KRISHNAA
(Expert) 21 April 2010
A father cannot sell the ancestral property without the consent of other legal heirs.
If he has already sold, the legal heirs can now file a case to cancel the sale deeds executed by your father.
The will made by your father would be valid only in respect of his share of the ancestral property and in respect of the property which is not in his share the will is invalid.
Your mother gets her share on your father's death and her share is valid.
Hence the legal heirs first have to file a suit for cancellation of the sale deed executed by your father in respect of the ancestral property and get back the properties and then go for a partition deed among themselves dividing the property into equal halves.
Querist :
Anonymous
(Querist) 22 April 2010
Thanks for the reply. It may please be made further clear that father and mother constitute one unit or independent units as the legal heirs in the ancestral property. If case of one unit, then in case father has sold his share, why mother should be entitled for her independent share as the legal heirs in the ancestral property.
