My grandfather has self acquired property and he made a will in my father’s name. Our grandfather died when we were minor. At the age of 18 our father took our permission to sail some part of property & even we (my elder brother, sister) have signed to registration paper to sail the immovable property. But some part of the property was sold by our father without our permission (while we were majority). My father don’t have any self owned property, everything was acquired from my grandfather according to his will. Now, can we go the registration cancellation for the property in which our father has didn’t take our permission to sell it? Can myself and my sister can apply for share in my grandfather property? Please suggest us waiting for your reply
if your grandfather died without will then the property became paternal. but your grandfather executed will in your father's name so your father became sole owner of the property & he can sell property without childrens permission. so you have not any remedy.
There was no need for your father to take permission of his children to sell the property as it was not your ancestral property. It is only incase of ancestral property that your father had to take your permission for selling. Now, no question of you contesting the sale arise.
I am IT consultant working in MNC.I have one elder brother and a sister (got married).
We have 2 acres of agricultural land & 1 acres of residential land & a house .Our father is irresponsible man not earning anything for our family. He was agriculturist (he was working in our own land) when his father (my grandfather) was alive. After my grandfather death he stopped his farming & started misusing our property in various illegal activities, now I am taking care of my family (my father, mother, & elder brother). So can I fill a case against my father regarding the misusing of my grandfather’s property? Please suggest me.
Legally No. Since he got it through the will it is his self acquired property and he can dispose or enjoy the property as he likes (subject to conditions if any, in the will.... take copy of the will and consult a lawyer). His legal responsibility towards you ends with you attaning the age of majority. Only solution bind him morally or take help of your immediate relatives and pressure him to convey the property in your (all his children and your mother's) favour or to family trust. (for creation of family trust.. consult a lawyer)
My sister got married in 2006, at time of marriage the father told that he will give share in the property which he got from his father, but now he is not willing to share the property. Can my sister fill case regarding the property share? Waiting for your reply