Father and brothers are selling ancestral land

Deeksha nayyer (Querist) 27 November 2022 This query is : Resolved
Hi dear lawyers,

My Father and brothers are planning to sell ancestral land.
We have ancestral land in Haryana that my father inherited from great grandfather.
My Father and brothers are planning to sell ancestral land.
I went to my father and asked about my share, he is saying that they will not give me any share in the ancestral land. My father is giving all the land to my brothers and my brothers will immediately sell it.

Can they sell all the land without my consent?
What should I do, if they sell it without my consent?
What action should i take?

Please guide me.

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Quick Summary

A daughter in Haryana is seeking advice after her father and brothers plan to sell ancestral land inherited from their great-grandfather. Her father has stated she will receive no share, with the land intended solely for her brothers. The advice given is to file a partition suit and an injunction against her father and brothers to claim her rightful share. While other options like notifying offices or publishing newspaper notices are discussed, filing a civil suit for partition and injunction is recommended as the most effective legal recourse.

kavksatyanarayana (Expert) 27 November 2022
File partition suit by consulting a local lawyer.

Advocate Bhartesh goyal (Expert) 27 November 2022
If questioned land is anccestral then you are entitled to get share in it so to get your share ,you have to file suit for partition and injunction against your father and brothers.

Deeksha nayyer (Querist) 28 November 2022
Thanks for the reply.

Sir, Can I put an application in the sub-registrar/Tehsil Office/Patwari office, that the share of a daughter is denied and anyone who tries to buy this land has to face consequences.

Can I do something so that buyer gets cautious and get to know that this land is ancestral and in this land father and brothers are trying to sell it without any consent of daughter.

kavksatyanarayana (Expert) 28 November 2022
No. You have to file a suit for partition and injunction against your father and brothers.

P. Venu (Expert) 28 November 2022
"inherited" - Was partition deed executed? If so, when?

Dr J C Vashista (Expert) 29 November 2022
Well analysed, opined and advised by experts, I agree and appreciate.
Where is the land located in Haryana ?
You are required to file a suit for partition, possession and permanent injunction (stay) before the Civil Judge of jurisdiction (where property is located) through a local prudent lawyer.
If you feel so, may contact me.

Sudhir Kumar, Advocate (Expert) 21 December 2022
You can file a civil suit and publish newspaper notice to prospective buyers. However, this will severely reduce marketability of the property and you will be no less looser.

Best is to make partition suit and seek injunction against transfer.

But you have to weigh another factor.

Not known how much land you get? not known ? when you get ? not known for how much amount you are able to sell it?

Loss of relationship is sure, certain and permanent to descend to next generations and generations. You have to be ready for this price as this loss may not have adverse effect of health and mind.

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