Ancestral Property
4 months ago
Can a parent legally demolish a joint family house in India on an Ancestral Land without the consent of heirs under the provisions of the Hindu Succession Act of 1956 or any other applicable legal statutes, and if so, what legal measures can be taken by heirs to prevent or challenge such demolition?
A.Dear Client,
A house or building erected or constructed on the ancestral land is classified as ancestral property and the status of that ancestral property cannot be affected by any legal her/coparcener without the consent of other legal heirs/coparceners who got the right to said property by birth. Your parents being one of the coparceners of the said undivided ancestral property cannot demolish the building without the consent of other coparceners. And if so happens, other coparceners/legal heirs may file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
A house or building erected or constructed on the ancestral land is classified as ancestral property and the status of that ancestral property cannot be affected by any legal her/coparcener without the consent of other legal heirs/coparceners who got the right to said property by birth. Your parents being one of the coparceners of the said undivided ancestral property cannot demolish the building without the consent of other coparceners. And if so happens, other coparceners/legal heirs may file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Is any legal obligation for me to share the property within my brothers and sister
Dear Client,
All children of your parents have a right to equal share in the property regardless if it is a male or a female but only in the circumstance of a partition or will or when died intestate...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
