How To Restrict Selling Of Ancestral Property?

Question

How To Restrict Selling Of Ancestral Property?

19-Dec-2023 (In Civil Law)

Father is ill and on bed rest, my little sister and brother are taking care of him, other four sister and three brother including me are not near him, my uncles who were enemy of my fathers are now showing sympathy with father more then ourselve, i have doubt that they should not take sign of him on some paper and abandone all of us from our ancestral home in which those uncles are also share holders. So how can we restrict them from selling or stealing our property shares without our knowledge or concern. Matlab property naam pe karne ya bechne se pehle un logo ko hum logo ki aur hamare father ki sehmati leni pade, aisa kuch kar sakte hain kya?

Answers (5)

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Adv. Abdullah Akhtar Adv. Abdullah Akhtar

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Advocate Prawal Chaturvedi LawRato · Accepted Answer · 2023-12-19T17:40:18+05:30

Answer #2

hello, if any of the coparcener wants to sell the ancestral property he or she has to take prior permission of all the others coparceners before selling the property. If he is trying to sell the property without the permission of other coparceners, they can send a legal notice to the person trying to sell the ancestral property. Moreover, every person has the right to share the ancestral property since birth. You can also file a suit for partition. Once the property is partitioned it becomes self acquired property. For further detailed consultation feel free to contact at any time.

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Adv. Prawal Chaturvedi Adv. Prawal Chaturvedi

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Advocate Alankrit Bhatnagar LawRato · Accepted Answer · 2023-12-19T21:59:36+05:30

Answer #3

I've understood your concern and I've experience of handling such kind of matter. Therefore be assured that I shall be assisting you throughout the process and pave a path for you to arrive at a resolution. Please reach out to me so that we can initiate the process expeditiously

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Adv. Alankrit Bhatnagar Adv. Alankrit Bhatnagar

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Advocate Bhawana Pandey LawRato · Accepted Answer · 2023-12-20T11:29:07+05:30

Answer #4

Ancestral property can not be sold without the consent of others, who have their rights and interest in the same. However to save your right on the basis of apprehension expressed in your query, you can immediately file a suit for injunction and get a stay. For any further clarification feel free to contact. Thanks

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Adv. Bhawana Pandey Adv. Bhawana Pandey

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LawRato LawRato · Accepted Answer · 2023-12-20T12:13:45+05:30

Answer #5

if the case pertains to Delhi then it is a very simple one and you can just take the Temporary Injunction from the court regarding the pursuance of your father in doing anything which may hamper your interests. Since it is an ancestral property so your share cannot be taken apart and it is advised that you file a suit for ownership of your part

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