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Ashu rai (student)     08 August 2011

How to avoid selling of ancestorial property


I am Mr. Ashutosh from Gorakhpur (Eastern UP). I am working in North-East in private company.

My Grand father (80+) has an ancestorial property (cultivating Land) more than 15 bighas. From Last 2 years He is alongwith My Uncle. Uncle's son (with few criminal records) is now registering these lands by his name with consent of my grandfather. My another uncle and We too share the same ancestorial House

When i consulted few lawyers over phone.. i was told that i can't do much in this regard as my grandfather can sell these property to anyone!!.

We all are also forced by our uncle to move out of our present ancestorial home. Now My father is a farmer with no land, as from last 2-3 years he is not allowed in farming activities. My mother is Govt. Primary School Teacher in same village. My other Uncle working in Mumbai has no childrens. He too wants to stop these sellings.

Actually, We are very openly threatened by my cousin (Uncles son), once or twice in a month. He is planning to obtain all the lands (Worth more than crores).

My Very Simple question is that, Unfortunately before taking any Wrong step, if there is any hopeful Right step from my side that i can prevent these sellings?


 3 Replies

R.Ramachandran (Advocate)     08 August 2011

You have to first say how you have come to the conclusion that the property in question is "ancestral property". You have to indicate whether the property was purchased by your Grand father or that he received the property from his father etc. If your grand father had got the property from his father, then in which year he got it? Is there any brothers for your Grand Father and whether they also got such property from their father or not? Only upon knowing the above details, it will be possible to give a reasonable view on the question posed by you. If need be, we may require some more information also before giving the view.

niranjan (civil practice)     08 August 2011

Accepting your say that the property in your GF's hand is ancestral property,first of all you should give public notice that you have share in the property and express your objection,then you can file suit for partition and therein also you can ask for injunction.

Doveson (advocate)     08 August 2011

If it is his self acquired property, he can do that. However, what is the reason for his decision not to give anything to u people?

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