Ancestral property disputes

Question

Hello sir/madam good morning hope you are doing well ….. if you don’t mind I want a advice from you relating to our ancestral property. *️⃣My father has 6 brothers and 1sister in which my father is younger of them all. *️⃣The ancestral property among them has been partitioned but legally not mentioned *️⃣Everyone has got land passbook on their name All of them started farming and have taken loans for their respective share of property. *️⃣1st and 2nd brothers have transferred their property to their own children. *️⃣my father has built a small shop and brought loan on his share of property ❇️ 1)Now my question is can my father sell his share of property 2) does my father’s brothers have any right in our share of property 3) if my father sells his share of property, is it necessary to take signatures of my father’s brothers 4) can they legally put litigation on my father’s share of property
5) if my father’s brothers illegally or legally stop us from selling or threaten the buyer from buying our property , how should we proceed ?
Plz suggest your valuable advice sir/madam thanking you

Answer ( 1 )

    0
    2020-11-26T14:47:49+05:30

    As you said that there is no legal document existing  of partition of the ancestral property  between the legal heirs but the property has been partitioned between all the legal heirs as per their share and they are  all enjoying their possession of their respective shares. So, we can say that on the basis of  oral family settlement between the co-sharers  the property was partitioned between them .  Answers to your queries are as under:-

    1. your father can sell his share of the property.

    2. Your father’s brother cannot claim any share in the share of property of your father.

    3. No need to take signatures of them.

    4. They legally cannot file suit against your father but if they  will file it then they would not succeeded in it.

    5. If they restrain your father for selling his share then file a suit against them for suit for declaration and suit for injunction.

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