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Can Father Sell 130 Year Old Ancestral Property Without Son's Consent


14-Dec-2023 (In Property Law)
We have a 130 year old house and adjoining land in heart of Kolkata. This is where I was born and we celebrate Durga Puja (family deity) in this house for lat 130 years. It is a famous property and we have a lot of emotional attachment to this house. It is also an undivided joint family property. Since some years my Father and some of his brothers are trying to sell of this property and some of our generation who are successors are not pleased with the idea as there is no economic hardship on anyone and the house is in excellent condition and we are paying all taxes timely. The move is out of sheer greed and we fear that a sale agreement may be entered into without our knowledge. Can the property be sold without our consent as future successors ? And lawful successors, what are the legal steps we must take immediately stop such a sale ?
Answers (1)

Answer #1
959 votes
Sir
The property is ancestral property and governed by the Hindu laws. As per the succession laws of Hindus in bengal, your father and his brothers are share holders of the property as left by their predecessor.
Till their living you have no right over the property. They can deal together in whatsoever manner.
I can suggest that you can restrict them by continuing your possession.
Thanks
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