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Rishal (HR Executive)     09 September 2011

Ancestral property with partition deed

Dear Sir,

 We are a christian family living in Karnataka. My father received an ancestral property from my grand father when we were kids. The doccuments show that it is transferred in partition deed. However, I have 2 brothers who are not settled yet. I am married and living in the US. All my siblings are major. My father is planning to sell the land without our consent. Even though we tried convincing him, he is not ready to listen and according to him his lawyers have said that he can sell the land without our permission. Our mother is also very upset about it. We are really worried as our father is going to put my mother, grand mother and 2 brothers on road for sure. Kindly advice, can he sell this property without our knowledge? Also is there anyways how we can stop him doing this, and how does the law works in this case? Can all the family members get the share in this property?
Your answer would help our family and also save our family too. Kindly advice as soon as possible

I heard there is Christian Law of Success? How does that work inorder to get the eqaual rights for my mother, 2 brothers in this case from my dad?  Kindly advice whether kids and wife can get the share on this property or can my dad sell this property without our consent.. ? How can we go about it inorder to stop.



 3 Replies

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     09 September 2011

In the anscestral property inherited by your father, your mother & all children have rights.

1 Like

Rishal (HR Executive)     10 September 2011

Dear Sir

Thank you very much for the information. But are you sure if it is partition deed my mother and sibblings have the right on our father's property?

Is the ancestral transfer law is applicable in our case as we belong to Christian community?

Please advice us

sumana (practice)     12 September 2011

Since you are christian you will be guided by the Indian Succession Act. But if this property is not self acquired then how can he sell it without taking the concent of his family members?? i suggest you pls go through the case once again and if it is for sure that he has sold the property then you can claim the sale proceeds from him as legally you are the claimant of it being your fathers legal heirs. So first get the facts correctly then proceed.


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