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QMy father and his brothers inherited a piece of land from his mother after her death. The land was partitioned and he got his share in his name
It’s the only asset we have as there’s no house in our name. We’ve been living in a rented home in the bangalore for the last two decades and the land is in my hometown. My mother and I have been handling most of the expenses since I got my job a few years back, including rent, groceries, and debt repayments (some of which were taken for my education). My father used to cover the rent earlier, but stopped when i got my job. Not to mention his drinking habits worsened when he had more money.The relationship between the three of us has always been rocky. He’s emotionally manipulative and has even threatened self-harm in the past when we talked about leaving. Lately, his go-to threat has been that he’ll sell the property if we move out. It’s emotionally exhausting and feels like he’s holding the land over our heads.
Adding to this, my mother brought in a significant amount of gold at the time of marriage—something that was worth more than the land itself. He sold all of it off early in the marriage to clear his personal debts. He lied to her that it was for business purpose.
We’re at a point where moving out feels like the only way to protect our mental health. But we’re scared that if we do, he’ll go ahead and sell the land out of spite.
I understand he’s the legal owner, but is there any legal way to stop him from selling it if he tries to? Can we preemptively do anything, or are we completely powerless here?
Edit: The property was acquired by my grandfather so not an ancestral property
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SIf the land is this is ancestral property you have a claim your mother doesn’t check with a lawyer asap and get a stop order asap
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SNAL.
OP do what you can legally to stop him from selling itBut please do not let your whole life be dictated by a piece of land.
You are bearing the responsibility of everything since such an early age.
You can achieve in life much more than a piece of land. Make it life resolution to buy a bigger piece of land for your mom.Think of it as the land never belonged to you. Leave it with your father, let him sell it and enjoy the money before he drinks it all . And cut all financial ties with him. Stop giving him any money and let him spend his life from the money of the cursed land .
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PNow that the land has been partitioned in his name, it’s not considered his self acquired property, not ancestral. That means, you as a dependant don’t have co-ownership / legal rights, unless you can prove that it is ancestral ( documents to prove it came from grand father, to father, to son ).
In such cases, it’s almost impossible to acquire those documents of undivided land, so wives usually claim that it was bought with stridhan (dowry, gold etc) which usually has no documents or proofs. Threatening to self harm or emotional manipulation falls under domestic violence, so that’s another way, however while doing all of that, wives considered divorce to claim the share. But this gets messy and stretches for years.
Alternatively, if you can prove that he’s selling it under the influence or mental instability then that’s another way. Or the simplest way is to scare off the buyers is the only route most people end up taking.
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SEven if it came from his grandfather, his father inherited it. Son only has claims after father’s death no?
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PYes, inheritance comes only after death, and it would go to wife (mother) > son > daughter – in order. There’s a lot of legal circus behind the scenes. You’ve to fit / identify your definition first, is it “ancestral”, “self acquired” or “inherited”.
For ancestral, it has to be undivided share passed on for 4 paternal generations. Ancestral property can’t be sold without everyone’s consent.
If it’s inherited from the mother to the successors & partitioned among the brothers, it gets a status of “self acquired”. Or to be specific “self acquired that passed as inheritance”. Here, father has the full rights to the land & he can choose to do anything with it. OP can’t do anything.
In such cases, you try to get the property either by
1. scaring away the buyers till father passes away and mother inherits it (easiest)
2. Or apply for divorce & claim the share (messy & exhausting but quicker)
3. or prove that the land isn’t self acquired but bought with mothers money / dowry etc (again exhausting & mostly leads to divorce).
4. Or prove it’s ancestral so you can leverage the ancestral property laws (very difficult but it works out in some cases when it’s coming down from 2-3 generations)
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SYou sure? Cause this sounds reeeaalllly familiar.
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