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Can grandson sell the ancestral property without his brothers’ consent, if it was directly transferred from grandfather?

jaym.2005.com 6 Jun 2015, 21:23

Dear All Experts,

Request your views/comments on distribution of ancestral agricultural land which was directly transferred to my brother’s name from my grandfather.

Below are the details.

1. Grandfather has three sons, my father and his two siblings (grandfather passed away in 1995)

2. We are three sons to my father.

3. During the distribution of his farmland to his sons, my grandfather transferred 21 acres of land to one of my brothers around 1994.

4. Now my brother claims that it’s his land and is not willing to give me and my other brother our share of the land.

5. I am planning to take this matter to the court.

Btw - We live in Karnataka state, if it matters.

I have following questions on above matter-

1. Do I have legal rights to ask my share of this 21 acres of farmland?

2. Can he sell the farmland without my consent?

3. Can he transfer it to someone else without my consent, e.g. my uncle?

4. If I take it to the court how long would it take to get it resolved?

Please let me know if you need additional info. I don’t want to take it to the court if I don’t have any legal rights on this property. I do think that it’s not fair if he eats up all 21 acers of farmland leaving two of us high and dry. Please advise.

Thank you!

Jay

1 Reply

Legalwin 3 Jul 2015, 15:18

Hi

In the event of your grand father having transferred the 21 acres of land by a registered deed, then you may chose not to contest the transfer. If the transfer was through any other instrument,which is not registered at sub-registrar office, you may choose to contest the transfer