Ancestral property sold without consent
Dear Sir/Madam, My family has 4 ancestral properties, and all the 4 properties are in my father's name. My father sold one of the 4 properties 6 months back without my, my brother's, my mother's consent. I and my brother wanted that sold property back, we are ready to pay the current value of that property to the one who bought that property. My questions are (1) Does my father has all rights to sell this property. Though it's ancestral property, the property is registered in his name(NOT SELF ACQUIRED PROPERTY) (2) If Question 1 is NO- He can't sell, then can I file the case and get stay order? (3) What are the chances that I'll get back the property (4) If I get back the sold property back by winning the case, do I need to satisfy all the demands demanded by the one who bought our property or is it enough to pay for the amount he bought the property or the current value of the property?
The answer is yes your father could sell this property by consent by the mother if there no consent by the other family members take it to family court thanks have a great day
In the situation of winiing back the property, the buyer is only entitled to get back the money paid to you as consideration at the time of handing over the possession so as to create an effect that no transaction ever happened and the situation before selling is restored. Therefore, no extra demands need to be satisfied, not even the current value of the property. However, if you settle is outside then you might have to meet the demands of the buyer and give him/her the current value of the property.
To establish a claim over th ancestral property – one can file a civil suit in the court “”Declaration of title suit”, as to determine the status and the clear title over the property.
On an ancestral property, your father alone cannot take a decision to sell property. However, if the property is registered in only his name then he gets an absolute authority to dispose off the porperty on the terms he choose. You need to determine this first.
An application for Injunction can also be preferred in the court under ORDER 39 Rule (1) and Rule (2) of the Civil Procedure Code.
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