property dispute

Legal_Query (Querist) 25 August 2009 This query is : Resolved
Sir,

My query is:-

a farmer got a peice of land about an acre, from his forefather. now he wants to sell it but his three son are objecting to the sale. what remedies are available to the son of the farmer to stop their father from selling the land and securing their share in the land.

Thnx & Rgds

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Y V Vishweshwar Rao (Expert) 25 August 2009
The son has to file Suit for Partition and Separatew Possession of his share and to pray for Temporary Injunction against father not alienate the land till the final disposal of the Suit !

R.R. KRISHNAA (Expert) 25 August 2009
The sons can take the plea that the property is ancestral property and can claim share over it. The sons have to file a suit for injunction and protect his right immediately.

As regards share the sons can make a claim for partition. If the sons are confident that the property is ancestral property then they can file a suit for partition itself rather than going for suit for injunction.

PALNITKAR V.V. (Expert) 25 August 2009
although the sons can take objection, assuming that the property is ancestral, one can not ignore the provisions of prevention of fragmentation act prevailing in the state. If the land becomes impartible due to said provisions, the sons can claim only the proportionate value of the land.

Y V Vishweshwar Rao (Expert) 25 August 2009
As Suggested by Sri Palnitkar Sir
It depends on the Local ( MP) Revenue Laws - regarding - Prevention of Fragmentation -

Somnath mukherjee (Expert) 26 August 2009
if you are guided by mitakshara law then your son can claim partition but if you are guided by dayabhaga law then the son have till the father is alive.