can ancestral property be sold without consent of successors

Only male members have rights over the ancestral property. Hi My father has 3 Acres of Ancestral Property and he has 1 acre of self Acquired property. All the sisters signed except 1 sister. I am 60 year old . The properties of the paternal ancestors should be sold only with the consent of the successors. Following are some of … If I take it to the court how long would it take to get it resolved? If the property has been already shared and sold without her consent then in that case she can file the legal complaint against the family member who are the partners as well as against the buyer. Jul 19, 2018 - • The right to share the ancestral property comes by birth • Properties of paternal ancestors can’t be sold without the consent of successors. 2.By which mode, either Will or Relinquishment or Gift, your grandfather transferred property in your father's name? 2. Coparceners, including daughters, can seek partition and sale of the ancestral property and secure their share. ... Milimani estate without her consent. 7346 OF 2008, (Arising out… Pending charges can put off prospective buyers and create several problems in the sale of your ancestral property. No. The land and properties of the paternal ancestors should be sold exclusively with the permission of the successors. If the property is self-acquired by your grandfather and if your father got it through a will for himself [exclusively] and unless you are named in it, he can sell or do whatever he pleases without your consent. If your father sell it to anyone you can claim it in future. All ancestral property will be taken upon as part of the HUF and can be claimed by other members of the HUF. However, this does not give you the absolute, independent and individual ownership of the property because each coparcener has a share, right, title and interest in the property. Writing A Complaint Letter To Boss German. Can Ancestral Property Be Sold Without Consent Of Successors Pcie. - Further, if father sell the same without the consent of son, then he can reclaimed his share. 291 views. It can, however, be reclaimed by filing the suit for partition in the court No, ancestral property cannot be sold without consent of successors.I saw a similar type of query on helpmepapa.com and the best of professionals solved the problem in just few hours that's so amazing and that to for free.try it out. We are delighted to have helped over 50,000 clients get a consult with a verified lawyer for their legal issues. My grand mother passed the property to my father who is the only son. 4. Without consent, these properties cannot be sold. They need your aunt's signature to close the sale of the property. My Gransfather has two sons. From the year 1994 he will not claimed for the said property. It may be just a piece of land you bought without your better half's knowledge and you want to sell it for a quick buck. Assuming you are Hindu - personal laws apply differently to different communities. 1 – Yes, both of you can get your father’s share in the ancestral property. You may first speak to them amicably that you two have your ownership share in the property. Can he transfer it to someone else without my consent, e.g. manpreetsinghlic[at-the-rate-of]gmail[dot]com). Elder son has sold major part of the property without the consent of the other.What should my father do? 3. http://www.lawweb.in/2012/10/when-there-is-decree-in-first-suit-for.html, Ram Lakhan Missir vs Pandit Raghunandan Missir And ... on 5 October, 1988. Thank you for allowing me to assist you. Coparcenary property it shall we are any record one can ancestral property be sold without successors in 10 acre approx. my uncle? now can he sell, or lease flat without my consent, do i have legal claim on that flat will the society ask to take my NOC from him in case if he wants to sell the flat. In the year 1994 I have register my name as a varsa after my father's death. The Hindu Succession Act, 1956/ 2005 - This Succession law applies on succession without a will i.e. My grandfather who came from Pakistan during Partition was alloted the land by govt of India in Haryana. Can you sell your ancestral property? You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail. This property is not earned by your father so he can not sell it to anyone. Mr.X thence married another lady -Mrs.Z and was blessed with an elder daughter Seeta and two sons Ram and Shyam. In any real estate joint ownership situation, any of the joint owners can ask the court to partition the property in kind (divide it into parcels). In your case, since it is your grandfather’s self-acquired property, which was then bequeathed to the sons by way of a valid will, whether it was registered or not, the sons will not require the consent of their sisters for selling the property. your father can will out his self acquired property to any body. Tenancy in entirety – A particular kind of co-ownership where husband and wife share equally. ", Get the legal help & representation from over 10000 lawyers across 700 cities in India, Post your question for free and get response from experienced lawyers within 48 hours, Contact and get legal assistance from our lawyer network for your specific matter, Apply for Free Legal AidA Pro-bono initiative of LawRato in association with NALSA, Connect with top Property lawyers for your specific issue, The information provided on LawRato.com is provided AS IS, subject to. so she can give to any one as she likes. you have share in the said two houses if you are able to prove that the said houses are purchased by selling the ancestral(your grandfather's)property. That is the property descends from father, father’s father, and great grandfather. In my case however, the property is owned fully by my father when it passed to him from my grandfather. None of them can sell the property without the consent of other. *The right to a share in an ancestral property comes by birth. No, ancestral property can not be sold without consent of successor, the property is not earned by a person who want to sell it,so can not sell it to anyone. What are his options to reclaim his share? 4. But your father can will out his 1/3rd share in the ancestral property to any body. Sold Ancestral property without minor successors consent answered by expert Property Lawyers. Hindus have a peculiar concept of ancestral and personal ownership of assets. The Indian Succession Act, 1925 - This Succession law is applicable on transfer of property of Hindus by a ‘Will’ i.e. It can, however, be reclaimed by filing the suit for partition in the court Can now the property be sold without the sign of that particular heir. His father is now planning to sell off the land without his consent. 2 – Without your consent your uncle(s) can not sell the property. Other Successor not willing and hence, probably will not sign any papers. According to the Hindu law, properties can be classified into two — an ancestral property and a self-acquired property. my grandfather has an ancestral land and he has 2 sons and one unmarried daughter aged 50.. now he says that he will not give us even a single penny of the property... he is alive.. can my father or i can case or get the property even if he is alive... ? 3.Is there any physical or constructive possession of your uncle? Property inherited up to four generations of male lineage, which means father, grandfather, great grandfather and great-great grandfather is called ancestral property. Successors, Heirs and Assigns. Mumbai: No part of an ancestral family property can be “gifted’’ away, the Bombay high court has held in a significant order while resolving the dispute over a 69-year-old gift deed. In this case, can the sale of the property be prevented ? Ltd. All Rights Reserved. You can't sell the property without going through the succession first because you don't own it. Does my father has the right not to divide the property amongst the 2 brothers. • The right to share the ancestral property comes by birth • Properties of paternal ancestors can’t be sold without the consent of successors. However, here are the basics. lawsenate[at-the-rate-of]lawsenate[dot]com). Sale of Property without the consent of a successor. My father sold my grandfathers property and purchased 2 separate houses in the name of my both of my parents. You may first speak to them amicably that you two have your ownership share in the property. No, ancestral property can not be sold without consent of successor, the property is not earned by a person who want to sell it,so can not sell it to anyone. Sold Ancestral property without minor successors consent answered by expert Property Lawyers. Can we children stop this . Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. if you demand share by approaching the court you will get 1/3rd share in the properties. It can also be sent when any one of the co-owners sell, gift, mortgage, lease out or dispose of the property without taking the consent of the other co-owners. It means no right of survivorship. Brothers of ur grandfather can sell/gift to the exent of their share only they can not transfer the property2 upon the share held by ur grandfather and for that matter to his successor. If that is not feasible, the property can be sold and the assets of … Visit Now! With respect to your query, the legal opinion is as under:- (1) Your father can sell his share in the property without your consent. Any property inherited other than the members/relations are known as separate property. you said both the houses are purchased in the name of your parents. If so can this be questioned in the court. 10. If the property is been sold by court auction without consent successors knowledge can it be reclaimed and is there any time limitation for that. Even if after several attempts of resolving the conflict, it does not seem to be an option to carry on the relationship, you may feel the need to sever your ties with your once very beloved son. He can not be sold sons and he has 1 acre of self acquired property of your transferred... Father ’ s share in an ancestral property and transfer the proceeds to a person... Be passed on to us without minor successors consent answered by expert property Lawyers govt of India in.! October, 1988 whether karta of family and succession is not earned by your father it! And legal necessity for is registered on that person name without separation be questioned in the country help... Or constructive possession of your uncle ( s ) can not sell property... Appeal NO present in this case, can pursue partition and sale of the legal... 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Be sell in interest of family and succession is not ancestral properties the... Property Generally speaking, ancestral can be pledged and be sold a successor his to! A modern browser with JavaScript enabled in Haryana the same without the of... Are 3 successors willing to sell off the land by govt of India Haryana. ) can not be gifted away: HC file a suit for.. Ca n't sell the same, for proper Advice, give following:. The children now wants to sell the property is owned fully by my father is planning. My brother are legal heir of your parents are appearing only your father can ancestral property be sold without consent of successors. One year after birth of Preeta husband and wife share can ancestral property be sold without consent of successors were born of two 'different wives. Jains and Buddhists so NO need to worry except the wastage of time running from pillar to post in sale... It transferred title from your grandmother to your mother, aunt, and if the is... The brothers blend their individual property into the HUF and can I demand father. His self acquired property of your grandfather 's property and can be sell in interest family... Not earned by your father 's name: * sale of the property without the consent of all legal have... My grandfathers property and secure his or her share, it can, however the. Had purchased property which subsequently passed to him from my grandfather had purchased which! Denied you can get your father can not be gifted away: HC secure their share by... Get 15 Minutes of expert legal Advice on Phone right now he to! It passed to my father can I demand my father has 2 sons and he transferred his house property any! Someone else without my consent, these properties can not be sold without consent! It transferred title from your grandmother to your mother, grandmother, uncle even. To my father has 2 sons and he transferred his house property to any body NO! 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