Clarification on stay over ancestral property being sold by property

753 votes

My father sold a land without our concern, this was our ancestor property which was transferred to his name so can i put a stay on this deal until we give NOC from our sodeyes sir aap stay laye saktay hai sec 37 38 specific relief act 1963 and cpc 1908 O 39 R 2 maye

Advocate Kunal Sharma LawRato

675 votes

The property in the hands of your father received from his ancestors have become self acquired property.So you cannot claim any right over the said property. Still if you do then you have to prove how and what share you have in the property. From whom your father received the property, how has the transfer taken place. All these problems need to be looked into. The title of the property will decide but if its ancestral and in the name of father then it becomes his self acquired in his hands as per the The Hindu Succession Act and he has rights over the property How you are claiming your share that needs to be looked into from all the facts relevant for the case.

Advocate Mamta Gupta Nagori LawRato

727 votes

Hi, ancestor property gives you a right to use that property same as the power or your ancestress. how much time before your father sold that property? This is time barred process. in appropriate time limit you have rights to get stay.

Advocate Hemant Kumar Joshi LawRato