My grandfather was the kartha of the HUF, before he died a family arrangement was created and his two sons got share of the property as per the family agreement. I am the son of the eldest son of my grandfather. My father separated from my mother prior to the family arrangement. During the family arrangement one portion of the properties was retained by my grandfather and will to his grandchildren of his younger son ( Not my father). I was not mentioned in his last will and testament. My father has no children of his own apart from me. My grandfather seems to have acquired the property through business back in 1960. I cannot prove he started the business with funds got from his father ( My great grandfather.) .My father is not willing to give me a share and he is now selling off property without my consent. I want help to understand what are my rights and do I have any share ? Your help is much appreciated.
1) If the property where ancestral than you could have got your share in the land and building.
2) Till your father is alive you will be not entitled for the property share.
3) If your is alive she can ask for her share in the property as alimony and maintenance.
It is self acquired property of grandfather but has been mentioned as HUF property
2) if iris HUF property you ha e share in said property andshare received by your father
3) you can file suit for partition to claim share in property
My father has sold some property of his share without my consent. Is that a legal sale?
1) Yes, he can sell property which is inherited from his father and its not ancestral property, so you don't have rights till he is alive.
if It was huf property then you shall have the share in the property , you can file a suit of partition further can file an interim stay so that your father do not sale or transfer the property pending the suit.
Further the will is correct as grand father has made it from his share.
You can challenge the said sale along the suit as you are having share in the property and your consent was must for sale,
Dear Client,
If the property was acquired from the finances of great grand father, than only you have share in ancestral property otherwise no share in your father life time.
Even if property is ancestral, still your chances are rare as the property is already partitioned and become personal property of your father and uncle.
And grandchildren by virtue of WILL.
your father acquired the property from your grandfahter and same is considered as ancestral property you are entiteld for share .This not the self acquired property of your father and any property is sold ur signature and consent is very much nessarry , without the same any sale made to third party is not valid sale .You demand your share from your father. if he is not willing to give share your at liberty to file civil case before civil court seeking relief
You can suit to set aside sale of property by your father
1. the property seems to have been divided and partitioned by metes and bounds between your grandfather and his sons
2. the share which your father got on partition would have been his separate property if he did not have any sons
3. but since your father has a son, that is you, the share which he received on partition, becomes ancestral property as regards the male issue
4. so if you dont have any other siblings, then you are having equal share in the property which was allotted to your father on partition
5. you will have to challenge any such sale which is made by your father without your consent, by filing a suit against him. More precisely a partition suit claiming your half share in the property
If this is property transferred from the grandfather then you have to claim your share by a civil suit in the court in this regard to get stay order on the sale till the decision on share allocation.
If the property remained ad HUF property without making any arrangements to it, then there was some probabilities for claiming a share out of your father's share in the property.
But you have mentioned that your grandfather made family arrangement and divided his properties into three parts.
Thus the share of your father shall become his own and absolute property.
You may not have any rights over the property under the given situation
Moreover since it was his share of your grandfather, he has full rights to bequeath the same to anyone of his choice.
You cannot challenge or claim any rights in it.
However you may consult a local advocate with the available papers and look for any loophole to claim any share in the property.
Your father sold his own property, he need not obtain your permission nor consent to dispose his properties.