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What to do if house sold without my consent


19-Sep-2023 (In Property Law)
We have a house on my father’s name. Now he has expired and left a will. I was not living with my father in that house. My mother is living there and after my father’s death, my brother also started living there. Few days ago I saw a notice in newspaper that my father has left his will in favour of my mother and me (Rajesh) and in same notice it was mentioned that my brother (Rakesh) wants to sell it and if I do not raise objection in 7 days then they will allow him to sell. I raised the objection in 3 days but then also he sold the house with only my mother’s consent. I want answers to the following: 1. How can I get the will? As my mother and brother have not shown it to me or publically yet? 2. If I have share in the house and then also they sold it then how can I claim it back? 3. Can it be sold without my consent? 4. If my father has bought this house with my Grandfather’s money then can I claim it as ancestor property?
Answers (1)

Answer #1
609 votes
If that land your grand father got from ancestors than you have stake in that land, because that is ancestral property. Your grandfather does have right to give or sale that property without consent of all the successors.
The property is required to be partitioned by metes and bounds among all the legal heirs who have undivided equal share in it.
So you can do so either by way of amicable deed of partition or through suit for partition

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