Upgrad LLM

ancestral property query


We have an ancestral land in Karnataka inherited from my grandfather. My father with his 4 brothers has inherited this piece of land. Today all the siblings have grown old and are planning to dispose of the property to a potential buyer. However, one of my cousin has a problem with the sale. He has been demanding that his share of land be given to him and not to be sold. His immediate brother and father are however wanting to sell the land and give him his share of proceeds towards this sale. Their share of the property is presently owned by my uncle on his name. Please advise if the father can dispose of the property without his consent and give him his share of the proceeds ?

 
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This is does not appear to be "Ancestral Property" .  If a Property is acquisition is not  traceable and unknown and that Property was enjoyed jointly for more than 3 generations without partition than only it would be termed as Ancestral Property.  hence the said Property is as good as self acquired Property that your cousin will not have any right over the said property.  

Viswanathan VS 

Advocate 

97 90 96 17 63 

89 39 60 30 94

 
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