93+ Lawyers are online 
VALUE OF WILL ON AN ANCESTRAL PROPERTY
10-Aug-2023 (In Property Law)
By 1950, Mr.X has ancestral properties & two daughters only D1, D2 through wifes W1, W2 respectively. Mr.X registered a WILL in 1973 in favor of living W2, D1, D2 & died in 1974. Land Ceiling Tribunal stated it wont consider the WILL which is registered post notification & claimed 1 acre land. From 1975, every one is enjoying assets as per WILL. Paid taxes respectively. D1 sold some property in 1999 with Registered Sale Deed. 1. Mr.X has rights to execute a WILL? D1's advocate stated Mr.X don't have right to execute a WILL as it is Ancestral property. 2. What is value of Registered Executed will by Mr.X? D1's advocate stated WILL by Mr.X is not valid as it was rejected by Land Ceiling Tribunal. 3. D1 enjoyed assets as per WILL from 1975 to 2003, sold some asset, & asking for partition again. 4. What is right of D1 on D1's Husband on her ancestral properties without having any kids with D1. 5. Can D2's Son claim Property of D1 as she is dead & dont have children.
Under the Hindu law, there are two types of properties: ancestral property and self-acquired property. An ancestral or coparcenary property is one which you inherit from your forefathers, up to four generations. Prior to the 2005 amendment in the Hindu Succession Act, only male members of the family were coparceners but later daughters, too, were entitled to get a share. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. 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.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
On the contrary, a self-acquired property is any property which is bought by an individual from his own resources or any property he acquired as a part of the division of any ancestral/coparcenary property. This also includes the property obtained through a legal heir or by any testamentary document such as Will or a gift deed.
Can you sell your ancestral property?
The Hindu law states that if you are the head of a Hindu undivided family, you have the powers to manage the family assets under the law. 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.
But, under some rare circumstances, such as during the time of family distress (legal necessity), or for the sake and the benefit of the family or to carry out some religious work, the common property can be disposed of.
Can you sell your ancestral property as a coparcener?
A coparcener can sell his interest in an ancestral property but he would need his share in the ancestral property. He may file a suit for partition. If a buyer has bought the part of coparcener’s share in the property, he cannot compel him to file the suit. In normal circumstances, the head of the family decides when to dispose of the share to all the coparceners.
The legal remedy
If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit. In case, the property has been sold without your consent, add the buyer as the party in the suit and claim your share in the property.
Helpful?
21+
21+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
