Rishal (HR Executive) 09 August 2011

Information on ancestral property

Dear Sir,
We have ancestral property in Karnataka. My father is planning to sell that land without our permission. We are three siblings who doesnt want him to sell the land as he would sell the land and give it to someone else. Moreover when we spoke to him, he says he has spoken to his lawyer and his lawyer has told him, he can sell the land without his children's permission. All my sibblings are major and also well educated. When we consulted the lawyers they say, the ancestral property cant be sold without kids permission. However, recently we came to know that there is christian act, where as per that act he can sell the ancestral property without our concern. Kindly guide us as to how is that possible. What should be done to stop him? Moreover we are just out of college and we are not settled yet. Since he has money he can pay the lawyers and fight, but we don want him to sell the land too. We have told him, begged him in all possible ways, but he is too greedy about this. He wants to sell and leave nothing to us.

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prasanta kumar parida (sr. consultant) 10 August 2011

you the sibblings can file a suit for permanent injunction under specific relief act. with an interim application under order 39, rule 1&2 cpc with a prayer for tempoirary injunction directing your father not to alianate till the ancestral landed property is partitioned among the successor-in-interests.

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Rishal (HR Executive) 10 August 2011

Dear Sir,

1. We would like to know is there any ways, that our father can sell the property without our concern when it is ancestral property? Is there any special Christian succession act where he can sell the property without our concern?

2. Today he has come up with new drama at home, saying he would sell the property, and devide the share into 6 parts, ie 3 for kids ( me and my 2 sibblings), 1 for my mother, 1 for himself and 1 for my grand mother. But three shares that is my mother's and grandmother's would be taken by him. We would like to know is there a seperate share for my mother and grand mother?
We are not greedy about the property, but the reason of asking this question is, we dont want him to sell the property to any third party, instead we want to hold it and delay as much as possible so that he would never be able to sell any piece of land in that property.

3. My grand mother was already given property share when the property was devided between my father and his sibblings, so is there any share to be given again to her? Moreover, he is too greedy, where he doesn't spend any money on her medical expense, in such case why should he get a property share? If we prove that he doesn't spend a penny on her medical expense, can we stop him in acquiring her share?

4. To be honest we do not want to share the property as this property would not be sold in anyways until he is alive, so is there any ways that we can hold by doing this. Because if it is devided, he would sell 50% of the property to some third party, and even after 2 years we are capable of buying it, he wont sell that to us, instead to others. What can be done about this?

Kindly please provide the answer for these

thanks and regards

Rishal