I want part of my ancestral property as son

Likith KS (Querist) 11 March 2023 This query is : Resolved
My and brother are minors . Father has took a loan on my ancestral property and he would not repay it. So bank is trying auction that property. My father has not taken any sign from mother and children. The property belongs to my great grandfather. Now what i should in order to restore the property.

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This discussion concerns minors whose father has taken a loan against ancestral property, leading to a potential auction. The property originally belonged to the great-grandfather. The core issue is how the minors can secure their share of the property and clear the debt, especially since the father may have acted without the consent of other family members. The advice highlights the need for more complete facts regarding property ownership and legal standing before definitive guidance can be provided.

Sudhir Kumar, Advocate (Expert) 12 March 2023
pay the loan.

Isaac Gabriel (Expert) 12 March 2023
Your right cannot be taken away.Nevertheless, the loan shd be cleared if at all the encumbrance is cleared after discharge of the bank debt.

kavksatyanarayana (Expert) 12 March 2023
Is your father alive? It is presumed your father is alive, he shall repay the loan. After being free of encumbrances on the property, all the legal heirs may go for partition, if it is not done previously.

Dr J C Vashista (Expert) 13 March 2023
Relevant information raised by learned senior expert Mr. Kavksatyanarayana ji is missing from facts posted, hence proper opinion cannot be formed to oblige.

P. Venu (Expert) 14 March 2023
If the property belongs to your great grandfather, how could your father raise a loan upon it? Is your father alive?

It appears that the facts posted are sketchy and incomplete.

T. Kalaiselvan, Advocate (Expert) 14 March 2023
If the property has been transferred to your father's name by partition deed or by revenue records then he becomes the absolute owner of the property.
It cannot be considered as an ancestral property.
Besides you say that you and your brother are minors by age then who will take up this case legally?
Until you do not disclose the facts you may not get proper opinion or guidance

Dr J C Vashista (Expert) 15 March 2023
Nothing can be presumed to form opinion and advise.

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