Response

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Your elder brother can sell his half share in the ancestral property to anybody he likes without your consent and signature. And to claim your share in the said property you can approach concerned civil court in filing suit for partition and separate possession. You have the equal rights on the property as your brother.

Property inherited by a Hindu from his father, grandfather or grandfather’s father, is ancestral property. In an ancestral property, grandsons have an equal share on the same. According to a Supreme Court ruling, a daughter can only claim ancestral property if her father died after the amendment of the Hindu law.

It depends upon which law of Succession is applicable to your family. In some cases you can object to such transfer since you are also entitled to a share in that property if it is ancestral.

I advise you to first contact a good lawyer and move forward in legal proceedings and file civil suit/partition suit in the court.

Reference: Hindu Succession Act

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LAWAYZ-2023-451