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Parul (Associate )     19 October 2013

Ancestor property

 

I am 26 years old unmarried girl from Allahabad and working in Gurgaon  for last 5 years .In my family we were 6 members .My mother ,father  one brother  two elder sisters and  I am the youngest one . I lost my mother and my elder brother. My father got married with other woman who already has one boy from her first marriage. My both elder sister are married .In my one sister marriage my father has supported bit for her marriage. After her marriage my second sister and me both move to gurgaon .When we came to gurgaon he stopped supporting us financially. And for my second sister’s marriage he didn’t give anything for her marriage. Now my father and my step mother and step brother want to sell our grandfather’s house to our cousin brother (who is practicing lawyer in Allahabad) without our consent. My father has 4 brothers and house is divided among 5 siblings. All families are living in this house. My father is trying to sell our part (one fifth of House).

 

 I just wanted to know:

 

1.       Can my father  sell above property without our (me & my two elder sisters) consent ?

 

2.       Whether we can claim for this property?

 

3.        What is my share in this property?

 

4.       As I am working in Gurgaon, if father sells this property without our knowledge, what options are available for me?

 

Apart from above, my father has some property in Madhya Pradesh which was purchased by his own earning. Do we have any share in that property?

 

My situation is not allowing me to heir a private lawyer so please suggest how I can get it done …Please provide me your valuable suggestion on this.

Regards,

Parul

 

 

 

 



 1 Replies

T. Kalaiselvan, Advocate (Advocate)     20 October 2013

Parul,

You and your sister have a 1/3rd share out of your father's share in the property.   He cannot sell the property without your consent.  You do not have a system to monitor the sale or any other encumbrance over the property sitting at a far off place hence you may file a partition suit immediately and you may also seek for an injunction restraining your father from alienating or encumbering the property in any way until the disposal of the partition suit.  If you cannot afford to engage a lawyer, you may seek the assistance of free legal aid from the District Legal services Authority in your District to conduct the case on your behalf.  Your father's wife and her son cannot interfere into the rights of your share in the property. 


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