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Can my father sell his property without our consent


13-Jul-2023 (In Property Law)
My grandfather bought a land (not by inheritance) and in his will gave that land to my father. My father invested his retirement amount in that land and built a house. My father is saying we(My mom and 2 daughters both married) are not having any rights in that property. My questions 1.Can he sell or give away that property to anyone without our consent? 2.Can my mother claim a share in that property? 3,Do we (me and my sister) have any rights in that property?
Answers (2)

Answer #1
917 votes
Yes he can. The property in his hand is an absolute property through WILL and not by inheritance. It came to your father through a testamentary instrument - Will. Therefore it became an absolute property. Your mother, your sister and you don't have any right over your father property. He can even sell it to any third party and your consent for the same is not required in law.

To entitle your right you must look into the WILL of your grandfather in favour of your father and look for the chances of challenging it.
By doing so it will negate your father's absolute right over the property. But it also opens the door for the sibling of your father if any, for getting their share.

Answer #2
525 votes
My questions
1.Can he sell or give away that property to anyone without our consent?

This being your father's inherited property inherited from his father and developed by his own funds, the property shall be your father's own and absolute property. Hence he can very well deny any claim made by anyone in this regard.
He can sell his own property to anyone of his choice and he need take the consent of permission from your mother or you people.





2.Can my mother claim a share in that property?

No, she is also not entitled to any share in it nor she has any right in the property..






3,Do we (me and my sister) have any rights in that property?

No.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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