Legal procedure for settlement of ancestral property


Hi My father having a small property wants to settle to his 3 sons. Religion Hindu. Father is giving good vaiue property to his first son, other 2 sons normal low value property. The questions are 1. While settling the property all sons concurrence is required or not ? 2. If other 2 sons are not satisfied means whether they can put stay order on this property ?

Answers (3)


230 votes

I take it as your ancestor property and advice you accordingly, without concurrence of other shareholders a partition cannot be effected. You may file a suit for partition and get partitioned as per law.


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126 votes

If it is ancestral property, any partition or settlement can take place only with the consent of all the co-sharers. If it is self-acquired, your father is free to create a settlement as he pleases without consent from any of you.

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256 votes

You have not mentioned that whether the property is inherited or self acquired. If it is inherited it is the pure discretion of you father to give it according to his choice and you can not do anything .

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