Share in Ancestral Property
My name is Abheay I am 50 Years old (male). My father got an house from his father and my two uncles got the another house. This partition was agreed upon between between my father and real uncles. My grandfather was died 25 years ago. In 2010, my father sold the house in 19 lakhs and purchased another house after 45 days in the same city for Rs. 40 lakhs in the name of my mother and father. The purchase consideration was made through two demand draft for Rs. 20 lakh each. On demand draft was made from the money in my mother’s bank account and another was from my father’s bank account wherein Rs. 14 lakhs were received on sale of old house i.e. (Ancestral Property). My mother died recently one month back and not left any will.
In my Family we are three brothers and five sisters. Father is 86 years old. My father sold the house which he got from his father without the knowledge of me and my elder brother. He is now interested in sale of the new house also which is in the name of my mother and father. I am not staying with father.
My Questions:
1. Whether my father was legally right in sale of Ancestral Property without taking into confidence all the sons?
2. If the answer to the question is yes, can I approach court for cancellation of sale of Ancestral Property?
3. Whether the mother paid Rs. 20 lakhs from her bank account will be treated that she has thrown the money into the pool of ancestral properties?
4. What is my share in property even when my father is still alive?
5. Whether my father can refuse to give my share of right in the existing property he is holding and sale it without my consent?
6. What are my other rights?
Kindly request your expert views.
Regards,
Abheay