Our grandfather's property was divided amongst my father and his 3 brothers and 3 sisters and his mother. My father received his 1/8th Share in the partition suit decree. After he received his share in my family, my youngest brother filed a partition suit on the 1/8th share received by my father stating that it is ancestral property. He had urged the court to divide my father’s 1/8th share of the property amongst our family members equally. In my family we have 5 members i.e. our father, myself the eldest son , after me my younger sister, youngest brother and finally my mother. The court passed status quo orders on the said property in the partition suit. In the meantime my youngest brother and my father mortgaged the entire property for education loan for the youngest son without the knowledge of other family members and the bank in violation of the status quo orders mortgaged the property and Now my youngest brother does not wants to repay the loan since he knows that our ancestral property will be sold off to recover the dues.I would like to know is the mortgage valid if all the family members did not sign or give consent for the mortgage deed.Can we stop the bank from selling our ancestral house.
