My family has been running a joint business since 1948. In 1964, my father bought a house using income from the family business. My grandfather passed away in 1966. The house was initially registered in my uncle’s name through a power of attorney, and then transferred to my father. A dispute arose in 1972 and was settled through an award in 1973, allocating the house to my father. He challenged the award in court but later withdrew the case in 2007.
My question is: does this house fall under ancestral property? Does the pooled family property also constitute ancestral property? Can I claim a share in this property and if so, could I seek a stay order to prevent its sale until my claim is settled?
Best Answer
The house purchased in 1964 using family business income may be considered ancestral property as it was acquired during the existence of the joint family. The pooled family property can also be considered ancestral property if it was acquired using the joint family’s income. As a member of the joint family, you may have a claim to a share in the property. You could seek a stay order to prevent its sale until your claim is determined, but the success of such an application would depend on the specific facts of your case and the court’s assessment of your claim.
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