• Property rights and dispute

Hi,

My father has inherited property from my grandfather in U.P. Now he is selling that off and buying property in Mu.bai on the name of my brother. I am afraid tgat my father will transfer all the property to my brother. Kindly let me know if i can get a share in the property.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

please tell is this an ancestral property?

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

A grandson's right in the property of his grandfather depends on the nature of the grandfather's property. If the property if ancestral, you have a share in your grandfather's property and thus, your father cannot sell of the entire property in UP.

If this UP property of your grandfather is ancestral property, you may file a partition suit and seek on stay on your respective share, so that your father is restrained from selling of the entire property including your share.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Yes, this is against law. They couldn't have sold the property in which even you had a share, without your consent. Sue them and seek a portion of the sale proceeds from them.

Please let me know if I could be of any further help.

Best,

Vibhanshu

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

It is not ancestral property

Your father is at liberty to sell the property and buy another property

You have no share in said property

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

You have no share in property standing in name of your father

He is at liberty to sell the property and purchase another property in joint names

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

If it is not an ancestral property then you do not have any right over the same.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

My father has inherited property from my grandfather in U.P. Now he is selling that off and buying property in Mu.bai on the name of my brother. I am afraid tgat my father will transfer all the property to my brother. Kindly let me know if i can get a share in the property.

The property inherited by your father from his father will become his own and absolute property.

Therefore if your father sells this property and buys another property in Mumbai or anywhere, that also becomes his own property.Your father has full rights to transfer it to anyone's name of his choice or to dispose the same in any manner he may desire. Nobody can question his authority nor you can claim any share in it as a right.

Legally you are not entitled to any share in it as a right.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

I am his daughter. My brother is planning to give away the new property on rent and told me that i have no right on the new property as its on the name of my brother and father. Can i take a step against it?

Your brother is right in saying that you do not have any rights but if the property is yet to be transferred to his name, even he is not having any right in it

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer