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 (4)

No need. If the properties are self earned your father has all the rights to dispose of the same as per his wishes. Whether son or daughter or including wife has no right to claim a share in the property. Having said that he is duty bound to provide shelter, food and maintenance to his wife namely your mother and support the children for their education, etc.


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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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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.

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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