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Father Sold Anscetral Property Without Taking Daughter Consent


28-Jan-2023 (In Property Law)

Dear Sir, My Greatfather had a property which he got after parttion in shop against shop in lahore.Now he died inetstate leaving behind my grandfather and his sisters.My grandfather reliqush the share of is sister by giving them amount and had it mutated in his name.The grandfather also died inetstate leaving behind my father his 3 sister,my brother and me .My brother and father started sitting at the shop and i got married .Now father had procured relinquishment deed from his sister and sold the shop .What i can claim now and from whom .Brother got money in name of possession.

Answers (5)

Answer #1
692 votes
You will have to fight for the possession of shop or will have to claim your equivalent sum as your brother has received.
As this is an ancestral property and your grandfather died intestate, then you will be the coparcener of the property as it is an ancestral shop.
Answer #2
818 votes
Daughter's consent is necessary to sell any property which is ancestral. After the 2005 amendment daughter has got equal right in ancestral property as a coparcener. You can approach the court for your legal rights and you are sure to succeed.
Answer #3
571 votes
Ancestral property is that property which father recives from his father , as you are the class 1 legal heirs you are entitled to get relief as per the settle law rest of advice depends after the detail discussion of your case
Answer #4
950 votes
Daughter has equal right as a coparcener after 2005. You can lawfuuly demand your share from your father and court will certainly come to your aid. He can't sell the ancestral property without his daughters consent or without giving her proper share
Answer #5
717 votes
The facts as stated by you do not reveal the true nature of the case however a suit for declaration and partition can be initiated from your side. It is important that all the aspects of the case are taken into consideration herein. you are advised to fix a meet in person to further probe the possibiities

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