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Can father sell ancestral property w/o children consent
01-May-2023 (In Property Law)
Can a father sell his ancestral property without permission of his children? If yes, what are the options for selling the ancestral property? After what age children cannot claim on ancestral property?
Father cannot sell the entire ancestral property till the consent of all the share holders in the property has been obtained.
In order to stop him from selling the ancestral property his children may move the District Court and seek a stay order against the sale.
As per limitation act, 3 years is the time limit for children to challenge the sale of ancestral property.
In order to stop him from selling the ancestral property his children may move the District Court and seek a stay order against the sale.
As per limitation act, 3 years is the time limit for children to challenge the sale of ancestral property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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What is the latest Supreme Court judgment on ancestral property 2023?
The SC held that even if the father died before the Hindu Succession (Amendment) Act of 2005 came into force, a woman/daughter can inherit ancestral properties in the same way as a male. 04-Sept-2023
How do you claim ancestral property if it is sold?
After the property has been divided, it no longer qualifies as 'ancestral' property. It is now referred to as'self acquired property' by the family member that received it. This gives the member the right to dispose and/or deal with the property. 14-Feb-2023
What legal action can be taken if property sold without partition?
You can sue if you have not given prior notice to the other co-sharer. The court will then declare the sale invalid, and youll be able to purchase the property. 02-Feb-2018
What are the rules for selling ancestral property?
A father who inherits ancestral property from his father, but does not divide it up can't sell the property without the consent or the descendants. The grandsons of a father who has two sons inherit an ancestral property. This property cannot be sold by the father without the consent of the sons. 26-Sept-2023
Under Hindu law, the general principle is that a father cannot sell the ancestral property without the consent of his adult sons (coparceners). The concept of ancestral property refers to property that is inherited by male descendants from three generations, including the father, grandfather, and great-grandfather.
According to the Hindu Succession Act, 1956, if a property is considered ancestral, it is held jointly by all the coparceners. Each coparcener has an equal share and a right to the property. In such cases, the consent of all adult coparceners is typically required for the valid sale or alienation of the ancestral property.
The Karta, who is the head of the family, generally has the power to manage and administer the ancestral property. However, the karta's power is limited when it comes to selling or alienating the property. The consent of all adult coparceners, including the son, is usually necessary for such actions.
It's important to note that there can be exceptions and variations based on specific circumstances, court interpretations, and personal laws. For example, in certain situations, such as legal necessity or benefit to the family, the karta may have the authority to sell the ancestral property without the consent of all coparceners.
As long as someone is considered a coparcener and the property is ancestral, they can have a claim on it. The concept of the coparcenary and the rights of children to the ancestral property are not strictly dependent on age but on their status as coparceners within the family.
According to the Hindu Succession Act, 1956, if a property is considered ancestral, it is held jointly by all the coparceners. Each coparcener has an equal share and a right to the property. In such cases, the consent of all adult coparceners is typically required for the valid sale or alienation of the ancestral property.
The Karta, who is the head of the family, generally has the power to manage and administer the ancestral property. However, the karta's power is limited when it comes to selling or alienating the property. The consent of all adult coparceners, including the son, is usually necessary for such actions.
It's important to note that there can be exceptions and variations based on specific circumstances, court interpretations, and personal laws. For example, in certain situations, such as legal necessity or benefit to the family, the karta may have the authority to sell the ancestral property without the consent of all coparceners.
As long as someone is considered a coparcener and the property is ancestral, they can have a claim on it. The concept of the coparcenary and the rights of children to the ancestral property are not strictly dependent on age but on their status as coparceners within the family.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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