Legal Question in Real Estate Law in India
ancheral joint family property rights
I am a second wife's son. I and my mother staying separately from father. Father is staying along with his first Wife. He has sold on ancheral (Joint Family)land of 6.50 acers to some body without my consent and my mother. my questioin : Can I file the suit for partition to obtain my share in sold property and other unsold properties during my fathers life time. so that i can file the suit for partition for sold property and unsold property as my father is not given my share of money in the sold property and purchaser is also not giving me my share of money. Please advise in detail by giving act references.
2 Answers from Attorneys
Re: ancheral joint family property rights
The second marriage, if ceremonized after coming into force of HMA, is void in law.
You may be entitled to your share in the joint / ancestral property and may consider filing a civil suit on the lines being contemplated.
You may engage a local counsel who may also help you with relevant references/ citations.
Re: ancheral joint family property rights
Ancestral Property rights of coparceners are well recognized and rights of Karta/Manager to alienate are restricted.
In case of ancestral properties, a coparcener can file suit for partition.
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