Can my father sell my grandfather’s property without my consent?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court.

Who has rights on grandfather property?

The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.

Do grandchildren have a right to their grandfather’s property?

When a Grandchild/Grandson Can Inherit Grandfather’s Property? A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth.

How do I stop my father from selling ancestral property?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

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Who has rights on fathers property?

The court stated that the property of the grandfather can be held as the father’s ancestral property. There are only two conditions under which the father would get the property, one being that he inherits the property after his father dies or in case the fathers’ father had made a partition during his lifetime.

Who is the owner of property after father death?

After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.

How do I sell ancestral property without documents?

If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit.

Who are legal heirs of grandmother property?

if your grandmother did not have a will then all legal heirs i.e sons and daughters will have equal share in the property .

Are grandchildren legal heirs?

Grandchildren can be legal heirs if they are written into a will, or if their parents are deceased so their share of the estate can pass on to their children. Anyone can be an heir if someone writes them into the will.

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Can grandson claim rights in grandmother’s property?

If their own father or mother is living, the grandsons or granddaughters have no right to inherit or claim any portion of the grandpa or grandmother’s property. The grandchild does not have a birthright to the grandparent’s self-acquired property. … Grandsons are entitled to an equal part of an ancestral property.

Who can sell inherited property?

Generally, co-owners are free to transfer/sell their share in the inherited property. However, one co-owner cannot transfer the share of other co-owner without permission. Selling the share in inherited property involves an understanding of the nature of co-ownership and rights of all co-owners.

Who has right on ancestral property?

Simply stated, the rights of the stakeholders in an ancestral property are decided on a per-stripe basis and not on a per-capita basis. If Ram has two brothers, their ancestral property will first be divided into three shares. The share of each brother can then be divided among their offspring and so on.

Is there any time limit to claim ancestral property?

The limitation period to file a civil suit to restrict the sale of ancestral property by a legal heir is 3 years from the date of sale. … As per Article 60 of the Indian Limitation Act, “a minor person should file such suit within three years from the date when he attained the age of majority.

What are the 4 property rights?

The main legal property rights are the right of possession, the right of control, the right of exclusion, the right to derive income, and the right of disposition. There are exceptions to these rights, and property owners have obligations as well as rights.

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Can legal heir sell property?

In short, yes, a court issued succession certificate gives the owner the right to sell the property. 2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. … Succession certificate is mandatory to transfer immovable property by legal heirs.

Can a father gives all his property to one child?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons.