ancestral property distribution

Seema (Querist) 02 June 2011 This query is : Resolved
Hello,
My forefather had some farm,thereafter it passed to my grandfather and their cousin brothers.Now my grandfather passed away,my grandmother taking care of that land. Situation is I have 3 uncle and 4th is my father. suppose the land has been sold without knowing my father, do my father has rights to claim as a part of owner of ancestral farm/field/land?

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Arif Iqbal (Expert) 02 June 2011
Your father has every right in his father's property. If the sale is without your father's consent/knowledge, then he should file a suit for cancellation of the sale with other reliefs.

Guest (Expert) 02 June 2011
your grandmother or you uncles can sell the land which is of their share only and if they sells your fathers share than the sale deed will be cancelled

Seema (Querist) 02 June 2011
BUT No share made earlier. Its not yet distributed. then?

Advocate Bhartesh goyal (Expert) 03 June 2011
File a partition suit alongwith temporary injunction application and get restrained your uncle to sale/alienate the questioned land.

R.Ramachandran (Expert) 03 June 2011
Since this is an 'ancestral property', your father is definitely entitled to get his share.
Therefore, first he should ask his mother and brothers to partition the property and give his share.
If they do not do so, then as advised by Mr. Goyal, your father has to file a suit claiming partition of the property.

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