DHIRENDRA KUMAR (SO) 28 December 2015

Ancestral property right for inheritance and sell

Hi All Respected Lawyers on Board,

I am a resident of Bihar. I am the eldest of four Brothers and all my other brothers are major. My father is in hold of our ancestral property. Actually my father inherited this property from my father's father who in turn have inherited from his father as illustrated by this flow chart A (original purchaser of property) --> B --> C (my father) --> D (we four brothers).

Ours is stll a joint family and the division of property has not been done amongs our father's brothers. Recently I came to know that my father has sold almost 109200 Sq feet of land without ours knowledge and without even the knowledge of our uncles. He has enjoyed all the money by selling the land and still wanted to sell the remaining.

I just wanted to know that whether he has right to sell that ancestral land without the approval of my uncles and without ours approval. The person who has bought the land from my father has how much legal right to hold it. What is our right in that land.

We brothers wanted to get back our share of land which he has illegally sold out. Please help me by suitable legal advice for recovery of my lost land and also help me by guiding the provisions to stop my father from selling any ancestral land in future.

Thanks in advance

Dhirendra

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3 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 28 December 2015

file a partition suit in a court of law with your uncles and brothers by approaching an experienced lawyer of the field.

sanjoy ghosh (senior lawyer) 29 December 2015

dear client, tell you uncle to immediately file a partition suit in your district court. and also file a suit for permanent injuction for restraining to sale of property by your father. and also you brothers do not have the right to claim for shares in the property untill your father make a gift or will to both of you. he is the absolute owner of his limited shares of the property..

DHIRENDRA KUMAR (SO) 29 December 2015

Dear Experts, first of all thanks for responding very fastly but my queries are still not resolved. To make you all understand me better I am posting my queries in points. 1. Without divisions of ancestral property amongst my father's brother, does my father has the absolute legal rights to sell 1/4 share of land (my father are four brothers). If not, then how the land registration office has registered the property. If yes, then how can he decide about which corner of land he can sell. I mean the corner may be on road side which are costlier. 2. As per my limited knowledge I think the grandson has the equal rights with his parents in the ancestral property. If so, then how can my father sell 1/4 of the property (1/4 of combined property of my grandfather) without our (we four brothers) consent. I think my father's share should be 1/5 of 1/4 of my grandfather's property. Please clarify. 3. The person who has bought the property has how much legal right to hold it. Can I get my already sold out land by filing partition suit in a court of law. 4. Can my mother stops my father from selling the remaining ancestral land. 5. Do my mother has right to stop my father from selling the property directly purchased by my father. Thanks