ANCESTRAL PROPETY

Dear Mr. Pramod,

You are not very clear.  You please give the history of the property - who was the original owner - how it came

to the present stage.  Who are the ancestors and whether they are alive or not and if not alive when did they die etc. etc.  

When you say two legal heirs - who are the legal heirs here - [say, brother, sister etc.], how do they fit in the ancestral tree.

You may also have to indicate whether it is a building or landed property.

yes it can be done. ( Ref. Sec 22 of Hindu Succession Act, 1956)

Sir, the property was purchased in the name of grandmother who died. After her death the property was mutated in the name her husband and two sons. Her husband also died. Now there are two surviving legal heirs but the name of grandfather yet to be struck off from the records of the concenred authorities. Can one legal heir sell his share without clear title and legal partition of the anscestral property as one of the legal heir  continuously threatening to sell the portion in his possession even without partition. Please advise whether he can sell the portion of house without legal division and what can be done to prevent any mischief by him. The concerned authorities have been informed in writing about the his intention and that he is trying to sell the portion of property without the consent and knowledge of the co-parcener. Pls. advise in the matter.

Thanks

Pramod

Dear Mr. Pramod,

Since according to you the property is in the name of the father, and two sons, he will not be able to sell the property  without the signature of others.

However, in order to prevent him from doing anything adverse to you, it would be better for you to file a suit for partition.    This will be the better way to protect your property.