Can father sell ancestral property w/o children consent

73 votes

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.

LawRato LawRato

678 votes

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.

Advocate Sudershani Ray LawRato