Father selling ancestral properties and purchasing another as self aquired
2 years ago
My father had 2 marriages, both wife died , we are two sisters from 2 mothers. My father sold more than 80% of ancestral property without my consent when I was 28 yes old ,and mutated the remaining in the name of my step sister only. He breached my trust . Now both my father and step sister are selling remaining properties together and they are converting the ancestral property to self acquired by purchasing other land and accumulating fixed deposits in their name.i am married and residing in other state . My mother died when I was only 2 months old, then my grand mother brone all my expenses , viz medical, education, marriage etc . My father contributed approx 21 thousands rupees in the life time of 38 years for me. Not only this my father made a voter ID card in my name with any other lady's photograph
Pls suggest how can I resist the sale or how can I get my rights under which section of law
After the 2005 Amendment of the Hindu Succession Act, females are now considered coparceners in ancestral property. It must be determined whether the property in your father's possession is ancestral or not. Please note that only the property that has remained unpartitioned through male lineage for the last four generations is considered ancestral. If the property is ancestral, it cannot be sold without the coparceners written approval. Please discuss the following details with your legal representative.
Thank you!
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that prior to 20th December,2004, female was not considered as coparcener in respect of Ancestral property, however due to 2005 Amendment in Hindu Succession Act ,on and from 20th December,2004, the female is also considered as coparcener in Ancestral property. Therefore, to suggest legal remedy,it is necessary to know when those ancestral properties were transferred by your father without your consent and when you came to know about it.
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