whether father is entitled to sell the property acqiired in succession or through inheritance from his faher without taking consent or no objection from his surviving children and wife?
Gururja Rao
(Querist) 29 May 2008
This query is : Resolved
Hi all,
My friend Grand father was the original owner and pattedar for Ac 11.00gts of agricultural land, and my friend grand father had only one son i.e My friend's father who is habituated drunker,Now recently My friend's grand father expired, thereafter In succession and throgh inheritance My friend's father became owner and possesor of afore said agricultural land and got mutated the same in his name and obtained patta in his favor, Now My friend's father is intending to sell the aforesaid agricultural lands without knowledge of his family members i.e to his sons, and to his wife.
Now My question is 1) being grand son whether My friend will get any share in the afore said property?
2)whether My friend's father is entitled to sell the aforesaid agricultural lands in favor of third parties without permission or by Not obtaining no objection from his surviving son and his wife,
3)and further if he sells the property without Knowledge of his son and wife, can his son and wife challenge the same.
4) finally for what remedy they can approach the court.
amit gupta_lawyer
(Expert) 29 May 2008
1. yes grandson has right in grandfather property inherited by his father upto the extent of his share. as per the facts the whole grand father property came under the bag of his father hence he can claim his share depend upon his siblings.
2.yes he can though u can always raise an objection by filling the suit of partition claiming ur share and restrain him to sell ur portion.
3. if he already sold the property then u can claim ur share from the money recieved by him as total sale consideration
4. suit for partition
