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Land ownership rights
2 years ago
Sir,I want to know if my paternal grandmother had her ancestral property and now she gave its power to my father but few locals of that area who already made their permanent houses forcibly are threatening my father to give them back the land free of cost,so my father decided to give them power due to their threat but my father has not yet took our consent regarding the land and we are already adults as per our Indian constitution..Can he sell them without our consents or what actions or proceedings we can take regarding the locals who forcibly staying at our place?And if he sell them can we reclaim it?
A.Hi,
As your father gave the land to locals without free consent, the transfer made to them is void. Ancestral property can not be sold without the consent of successors so, the transfer that your father will make without your consent despite you being a major will not stand valid. You could file a complaint stating that trespass by the locals if your father also is supportive of it. You can file a suit to claim back the property if it is sold.
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As your father gave the land to locals without free consent, the transfer made to them is void. Ancestral property can not be sold without the consent of successors so, the transfer that your father will make without your consent despite you being a major will not stand valid. You could file a complaint stating that trespass by the locals if your father also is supportive of it. You can file a suit to claim back the property if it is sold.
If you like this response, please rate us. Thank you.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If a property remains unpartitioned for last four generations through male lineage then only that property can be considered as Ancestral. The ancestral property of your paternal grandmother cannot be considered as ancestral property of your father. You have not specified whether your paternal grandmother is alive or not. If she is not alive then that Power of Attorney in favour of your father has become null and void. Therefore it is necessary to know whether your father as Owner is going to execute POA in favour of that local people or not. To get legal opinion,it is necessary to specify the relevant facts.
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