Can brother sell the ancestral property if not divided yet ?

794 votes

Was it self acquired property of your grand father or ancestral property? If land was held in name of your father and uncle they would be the absolute owners of said property. Since your uncle has sold his share, your father should sell off the land standing in his name if he needs money. Also, you have no rights on the said land unless it is ancestral property. Since your uncle has sold 50% of the property i.e his share if your father was aggrieved your father should have challenged the sale. The fact that your father did not do so for so many years would go against him in courts.

Advocate Siddhant Sharma LawRato

647 votes

There is no legal solution unless you initiate a legal proceeding against your brother by way of a properly institutes suit. Only you can pursue the matter on your behalf before a court which can grant an injunction restricting your brother from selling the property.

Advocate Mayank Rukhaiyar LawRato