If it is grand father self acquired property and on his demise father inherited the property it is not ancestral property
2) if it is ancestral property you can file suit to set aside sale of property and claim your share in the property
Can I sue my Father for selling ancestral (Grand father's) property without my knowledge?
If it is grand father self acquired property and on his demise father inherited the property it is not ancestral property
2) if it is ancestral property you can file suit to set aside sale of property and claim your share in the property
In the ancestral property if you had share at the time time of sale by your father then you can file a suit for declaration, partition and for setting aside the said sale deed.
First of all be aware that your grandfather's property is not ancestral property, hence you have no rights over the share of your father in your grandfather's property at least not during his lifetime.
Therefore do not waste your time, energy and money on non maintainable litigation.
1. On what basis do you claim the property is ancestral? Even if it was ancestral in his hands it may not necessarily be ancestral in your hands.
2. Unless you can prove that property sold by him was ancestral in your hands on the date of sale, you have no cause of action to challenge the sale.
- Yes, you can sue your father for selling the ancestral property without getting consent of others.
- However, if your father has received his share in the ancestral property after getting partition /distribution , then it will considered his self acquired property , and others consent is not needed for selling that property.
yes, you can sue your father. The property is not earned by your father so he can't sell an ancestral property. There is equal ownership between you, your father, and your upcoming generations by birth. If the ancestral property is partitioned then he only sells his share in the property and if the property is not partitioned then he has not any right to sell the property.