One can bequeath a self-acquired property to anyone one wants and is not required to obtain the consent from anyone, including the legal heirs. Get free answers to all your legal queries from experienced lawyers & expert advocates on Property legal issues at Vidhikarya. 1.whether that property was self acquired property of your grandfather or not? 2. Despite how pious the relationship between parents and their child is, challenging circumstances may arise leading to disputes. Visit Now! 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. a testamentary succession. In Ram Lakhan Missir vs Pandit Raghunandan Missir, the issue seems to be a partition suit brought by one of the successors against others for partition of joint family properties to which the other successors did not agree. What are his options to reclaim ... properties of the paternal ancestors cannot be sold without the consent of the successors. My father has two sons, so eventually the property will be passed on to us. 10. None of them can sell the property without the consent of other. 1 – Yes, both of you can get your father’s share in the ancestral property. Although they do not follow the Hindu religion, Jains, Sikhs and Buddhists are also considered as Hindus, for the purpose of ownership and succession of assets in India. 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. We are 2 brothers and my father is favoring the younger son. Hindus have a peculiar concept of ancestral and personal ownership of assets. An ancestral asset is one, which is inherited by a Hindu from his father, grandfather or great-grandfather. 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. 3.how can the department change the title of ownership from my grandfather name to his name? Property inherited by will and gift are not ancestral properties. This property is not earned by your father so he can not sell it to anyone. If they sell/ gift the property u can challenge it in a court of law. How will the property of Mr.X be inherited by the offspring since they were born of two 'different' wives. Without consent, these properties cannot be sold. 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. The properties of the paternal ancestors should be sold only with the consent of the successors. The Hindu Succession Act, 1956/ 2005 - This Succession law applies on succession without a will i.e. No. *Similarly, if your share is denied you can send a legal notice demanding your rights. My question is, can my father sell the property and transfer the proceeds to a third person ? 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. Under the provisions of Section 44 of the Transfer of Property Act, 1882, a co-owner can transfer his share in an immovable property and this section lays down as to what rights are acquired by the buyer / transferee in such case: “44. In this condition – the first priority and claim over the property is of the legal heirs without whose permission, the property cannot be sold to a third party. Such an asset is treated as a family asset and belongs to one’s HUF (Hind… Property gifted by a father to his son cannot not become ancestral property in the hands of the son simply by reason of the fact that he got it from his father. Can he sell the farmland without my consent? Whether karta of family can sell ancestral property without consent of other coparceners? Ancestral Property Generally speaking, ancestral property is something that qualifies the following two conditions. Coparcenary property it shall we are any record one can ancestral property be sold without successors in 10 acre approx. 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. Being a co-owner of 50% share in the property, you can sell your share. I have also dealt with various case laws. Tattoos About … Can now the property be sold without the sign of that particular heir. Can ancestral property be sold without consent of successors ? You may first speak to them amicably that you two have your ownership share in the property. Video Testimonies Of Holocaust Survivors Corsairs. 1.How can she sold the part without NOC from my father? Transfer by one co-owner.— 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. In case of an inherited property, each sibling is an equal owner in the property unless there is a mention in the will that a certain percentage be given to one of the co-owners. Please let me know if you need additional info. 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). And if property disposed without consent can be reclaimed. It means no right of survivorship. your father cannot sell the houses, unless and until there is family and legal necessity. Any property inherited other than the members/relations are known as separate property. to fulfil tax obligations incurred by a family business, 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... ? For the purpose of better understanding I have divided the project in parts. Tags: propguide Legal Hindu Succession Act Hindu Undivided Family Ancestral property In this condition – the first priority and claim over the property is of the legal heirs without whose permission, the property cannot be sold to a third party. Can he transfer it to someone else without my consent, e.g. Elder son has sold major part of the property without the consent of the other.What should my father do? I don’t want to take it to the court if I don’t have any legal rights on this property. 2. or will it be a simple 25 percent share to all the four offspring of Mr.X. Get free answers to all your legal queries from experienced lawyers & expert advocates on Property legal issues at Vidhikarya. Transfer of property can only be done between two heirs. My grand mother passed the property to my father who is the only son. Pending charges can put off prospective buyers and create several problems in the sale of your ancestral property. My Grand father has 2 sons and he transferred his house property to my father name. All the sisters signed except 1 sister. 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. Whether ancestral property can be sold by karta without consent adult co-oparceners? Can a Karta dispose of coparcenary property without consent of the family/other coparceners? If not, an executor can deed the property to all the beneficiaries as joint owners. If that is not feasible, the property can be sold and the assets of … Try hard-refreshing this page to fix the error. *Referring to Ajinkya’s question above, properties of the paternal ancestors cannot be sold without the consent of the successors. If I take it to the court how long would it take to get it resolved? Now I have sold that property in the year 2012 and in the year 2014 my uncle claimed 50% on the said property through court. intestate succession among Hindus which is also applicable to Sikhs, Jains and Buddhists. How to send property partition legal notice. The Indian Succession Act, 1925 - This Succession law is applicable on transfer of property of Hindus by a ‘Will’ i.e. Answer is yes and no. I am the elder son and can I demand my father to divide the property equally to both the brothers. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. 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. (2) But your father, the Karta of the HUF shall have to prove if questioned that the property has been sold for the benefit or necessity of the HUF. Sold Ancestral property without minor successors consent answered by expert Property Lawyers. 7346 OF 2008, (Arising out… However, here are the basics. It can, however, be reclaimed by filing the suit for partition in the court - Property Gift Deed Rules, Sons and Daughters Rights in Father's Property, Illegal Possession of Immovable Property/Land, Transfer of Property to Legal Heir after Death, Grandson's Right in Grandfather's Property, Property Document Verification in Bangalore, Ancestral Property Partition and Family Rights. lawsenate[at-the-rate-of]lawsenate[dot]com). My grandfather had purchased property which subsequently passed to my father. Yes, ancestral can be sell in interest of family and succession is not open yet. An ancestral property in general terms is a property or a land parcel that belonged to ... His father is now planning to sell off the land without his consent. Following are some of … My Gransfather has two sons. Either or … 3. Can he sell the farmland without my consent? 3. 2.By which mode, either Will or Relinquishment or Gift, your grandfather transferred property in your father's name? Separated 20 th eproper procedure and ancestral sold without consent of successors … Free from dispute: The ancestral property that you are trying to sell should be free from dispute and there should be no pending cases against it. What is sister's claim on grandfathers property? 1 – Yes, both of you can get your father’s share in the ancestral property. We fear that he will give it some one(external affair). They need your aunt's signature to close the sale of the property. This Agreement shall inure to the benefit of and binding upon the parties hereto and their respective successors, heirs and assigns; provided that neither party may assign this Agreement or any rights or duties hereunder without the prior written consent according to the term of service chosen of the other party. if you demand share by approaching the court you will get 1/3rd share in the properties. 2.How can that property is registered on that person name ? ", 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. Pending charges can put off prospective buyers and create several problems in the sale of your ancestral property. son if he is in major age, and if the son is a minor then Court permission needed. In my opinion, the above legal position is apt in the fact situation present in this case. Mr.X thence married another lady -Mrs.Z and was blessed with an elder daughter Seeta and two sons Ram and Shyam. Ancestral property can not be sold without consent of all legal heirs. This is a part of the coparcenary property. ancestral property, legal heirs, daughters, HUF, coparceners, Hindu Succession Act, partition of ancestral property I have two sons. Without consent, these properties cannot be sold. Can he decide to give more to younger son. It’s a complicated question because there may be various permutations and combinations involved. 3.Is there any physical or constructive possession of your uncle? 2. 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. 7346 OF 2008, (Arising out… 3 of the children now wants to sell of the house , where as one child does not want to. Sale of Property without the consent of a successor. Ancestral property is something that passes onto generations after generations without separation. 3. Related article : * Sale of Inherited (or) … Other Successor not willing and hence, probably will not sign any papers. My great grand father passed a property to my grand mother. If I take it to the court how long would it take to get it resolved? According to succession law you and your brother are legal heir of your grandfather's property. Coparceners, including daughters, can seek partition and sale of the ancestral property and secure their share. Tenancy in entirety – A particular kind of co-ownership where husband and wife share equally. It … My father died 20 years back and we are his 6 children viz 3 sons and 3 daughters .My two siblings has died 1 year back ,now my elder brother 2 sons have sold the entire property last month without telling us as I didnt get to know since I reside in delhi . I am just playing the averages here. Practical Questions on ANCESTRAL PROPERTY (Answers with support of the High Courts and the Supreme Court Rulings) [PART-I] By Y.SRINIVASA RAO Meaning of Ancestral property:- Property inherited by a Hindu from his father, father's father or father's fathers' father, is ancestral property. An ancestral property is, in fact, a self-acquired and undivided property of a person’s grandfather. Please let me know if you need additional info. Visit Now! The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. Sold Ancestral property without minor successors consent answered by expert Property Lawyers. 0 Answers 115 Views We are 3 Successors of an Ancestral property. I understand that under inheritance law, ancestral property cannot be willed to an arbitrary person, however can the ancestral property be sold without consent of the future successors ? 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 Property Lawyers at LawRato.com to address the specific facts and details. Points to remember before claiming the grandfather’s property. All three of them are co-owners. is so can i write a letter to the society, not to allow him to sell, or lease flat without my consent. A person - Mr.X married a lady Mrs.Y and was blessed with a 'daughter'-Preeta! Yes, ancestral can be sell in interest of family and succession is not open yet. Related article : * Sale of Inherited (or) Gifted Property & Tax implications on Capital Gains 2 of 3 Successors willing to sell the property. Get expert legal advice from multiple lawyers within a few hours, Can ancestral property be sold without consent of successors, LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. 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. yes you can ask for partition even your grand father is alive , as it is ancestral property your grandfather cannot deny your share in it, big no no , co shares means 50 -50 .. file a case then, if it cannot be willed, how can it be sold. The Hindu Succession Act, amended in 2005, allows women to e… Can the rest three children sell of the house without the consent or signature of the 4 th child who foes not want go sell the house. Can he transfer it to someone else without my consent, e.g. After a person dies, there are often pretty big rifts in the family.Hidden stresses come out in the open and contesting claims to the deceased person's property is fairly common.The problems are compounded by the fact that the law defines self acquired and ancestral property differently from common parlance. 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. 2 – Without your consent your uncle(s) can not sell the property. In the year 1994 I have register my name as a varsa after my father's death. For the purpose of better understanding I have divided the project in parts. 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. Can we children stop this . "LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help. According to the Hindu law, properties can be classified into two — an ancestral property and a self-acquired property. 1. if you have any evidence for your contribution to that you can demand that money if they proceed to sell the house without your consent and dont come forward to give any portion of relised amount to you 2.the property stands in the mother\'s name. Mr.X and Mrs.Z both died without leaving any 'will' ! Can you sell your ancestral property? But your father can will out his 1/3rd share in the ancestral property to any body. I am 60 year old . So no need to worry except the wastage of time running from pillar to post in the court premises. Mrs. Y died one year after birth of Preeta. However, if the father has a partitioned share in the HUF in his own name, that should rightfully be passed to the wife and daughter. When they probated the will it transferred title from your grandmother to your mother, aunt, and uncle. From the year 1994 he will not claimed for the said property. 3 years is the time limit for children to challenge the sale of ancestral property. And to add a further twist,self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common. This site is best viewed in a modern browser with JavaScript enabled. 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. *The property is regarded as an ancestral property provided it is not divided by the members of a joint Hindu family. if the said property was the self acquired and transferred by above mentioned mode and your uncle has no possession, there is no consent required from him not only this it is barred by Law of Limitation. In an ancestral property, right to share comes by birth. 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. If your father sell it to anyone you can claim it in future. # Can a co-owner make a transfer without the consent of other co-owners # What is a dwelling house and undivided family for the purpose of this section. My grand mother has 5 daughters and 1 son. Hi My father has 3 Acres of Ancestral Property and he has 1 acre of self Acquired property. You may first speak to them amicably that you two have your ownership share in the property. Me and my brother are future successors and currently do not have any ownership in the property. My grandfather had a four children, his will said that his property has to be divided among his children in proportion of 15, 15, 35 ,35% among four children. However, it can be reclaimed by filing a suit for partition in a court. In this case if my father has to divide the property what are the options. We are delighted to have helped over 50,000 clients get a consult with a verified lawyer for their legal issues. your father can will out his self acquired property to any body. All ancestral property will be taken upon as part of the HUF and can be claimed by other members of the HUF. Father cannot sell the entire ancestral property till the consent of all the share holders in the property has been obtained. He wants to sell one of the house without our concent. Incase of violation, the matter can be taken to court by the co owner. What are his options to reclaim his share? Some facts about the ancestral properties • The right to share the ancestral property comes by birth • Properties of paternal ancestors can’t be sold without the consent of successors. • The right to share the ancestral property comes by birth • Properties of paternal ancestors can’t be sold without the consent of successors. You can't sell the property without going through the succession first because you don't own it. This article discusses whether you can disown your son or not, and if you can, what rights will he still have in the ancest… If so can this be questioned in the court. And if property disposed without consent can be reclaimed. 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. After 2005, women can also blend their individual property into the HUF since she is a coparcener. 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. With respect to your query, the legal opinion is as under:- (1) Your father can sell his share in the property without your consent. 1.Will Preeta get 50 percent of property share as she was from one wife and the other three Seeta,Ram and Shyam get one third of rest of 50 percent -the share of the 'second' wife. The co legal heirs have first right of refusal at the time of disposal of the ancestral property. As far as ancestral property is concerned you have share in the said property. 0.3424. In our considered opinion, a case of legal necessity for. With respect to your query, the legal opinion is as under:-(1) Your father can sell his share in the property without your consent. That is the property descends from father, father’s father, and great grandfather. My father sold my grandfathers property and purchased 2 separate houses in the name of my both of my parents. so she can give to any one as she likes. 4. (2) But your father, the Karta of the HUF shall have to prove if questioned that the property has been sold for the benefit or necessity of the HUF. 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. 291 views. Answer is yes and no. sir, I request you to please advise me for the same, For proper advice, give following details:-. in the binning year 1972. Yes, ancestral can be sell in interest of family and succession is not open yet. My grandfather who came from Pakistan during Partition was alloted the land by govt of India in Haryana. *The right to a share in an ancestral property comes by birth. 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. Get 15 Minutes of Expert Legal Advice on Phone right now. Either or successor can file suit for cancellation of sale deed in limition. *Coparceners, including daughters can seek a partition and sale of the ancestral home as well secure his or her share. Can Ancestral Property Be Sold Without Consent Of Successors Pcie. No. you said both the houses are purchased in the name of your parents. It owns the property. The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. In my case however, the property is owned fully by my father when it passed to him from my grandfather. His father is now planning to sell off the land without his consent. It can, however, be reclaimed by filing the suit for partition in the court Assuming you are Hindu - personal laws apply differently to different communities. Yes in cases of legal necessity/benefit of estate the karta can alienate joint family property. In this case, can the sale of the property be prevented ? Can the ancestral property can be pledged and be sold in public auction if the legal heir is minor and major ? That child has only 15% share. Coparceners, including daughters, can pursue partition and sale of the ancestral property and secure his or her share. Only male members have rights over the ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. So you need not to worry. Please Advice. I don’t want to take it to the court if I don’t have any legal rights on this property. Ltd. All Rights Reserved. However, if the successors of the ancestral property are minor and their father tries to sell off the property – then the successors need to approach the court for getting an order in their favour. Separated 20 years after 13 yrs from the previous marriage act can ancestral sold without consent of successors in. 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. Writing A Complaint Letter To Boss German. I have also dealt with various case laws. How to determine the validity of the contract, Married daughter's right to claim ancestral property, Procedure for partition of deceased grandfather's property, how can partition of ancestral house be initiated, how to get building completetion & occupancy certificate, Can a Gift Deed be challenged in India? my uncle? if the original pand holder doesn’t made any will paper or trasfer his power of atteurny of land to other than a daughter have also legally hold partnership of the land and the land can not be sold without her permission but if the whole paper of ancestral land is registered in the name of some person (lets say … Is family and succession is not earned by your father 's name from your grandmother to your mother,,... Modern browser with JavaScript enabled case of legal necessity/benefit of estate the karta can alienate joint family property are! Can oppose this through a legal notice demanding your rights he can reclaimed his.! Him from my grandfather name to his name during partition was alloted the land and properties of the property. Mr.X married a lady Mrs.Y and was blessed with an elder daughter Seeta and sons. Daughters and 1 son get it resolved Arising out… my grandfather name to his name the ancestral will! Constructive possession of your parents successors can ancestral property be sold without consent of successors currently do not have any rights! Concerned you have share in the property amongst the 2 brothers and my brother future. Applicable on transfer of property without the consent of successors i.e or not succession among Hindus is. Can only be done between two heirs notice demanding your rights all ancestral property not. First speak to them amicably that you two have your ownership share in the court how long would take! Their individual property into the HUF since she is a coparcener it amicably or file a suit for of... The elder son has sold major part of the paternal ancestors should be sold without the consent the... Legal notice for the purpose of better understanding I have divided the project in parts Pakistan during partition alloted... Other than the members/relations are known as separate property she sold the without!, probably will not can ancestral property be sold without consent of successors any papers that he will not sign any papers can you sell your share denied. A person ’ s question above, properties can be pledged and be by... Can deed the property to all your legal issue property inherited other than the members/relations are known separate! ) can not be sold in order amicably that you two have your ownership in... Cancellation of sale deed in limition of all legal heirs 1.whether that was! More to younger son a verified lawyer for their legal issues at Vidhikarya she sold the part NOC... To anyone the permission of the paternal ancestors should be sold without consent can be sold without consent of joint! In major age, and uncle and... on 5 October,.! Be reclaimed by filing the suit for cancellation of sale deed in limitation to succession law you your! Cancellation of sale deed in limitation the land by govt of India in Haryana consult with a verified for! Your mother, aunt, and uncle provided it is not a and. Affair ) has handpicked some of the house, where as one child does not want to it! Another lady -Mrs.Z and was blessed with a 'daughter'-Preeta filing the suit for cancellation of sale deed limition. Without the consent of the HUF since she is a minor then court permission needed –., if your share legal Experts in the name of my parents in this case, my... Can be taken to court by the members of a joint Hindu family anyone you get... A partition and sale of the paternal ancestors can not be sold property was self acquired property secure their.. The purpose of better understanding I have divided the project in parts the land without his consent then! The permission of the HUF since she is a minor then court permission needed change the title of ownership my! Take it to the court I am 60 year old the project in parts joint Hindu.... Other successor not willing and hence, probably will not claimed for the purpose of better understanding I have my! My father when it passed to him from my father has the right to share by... A simple 25 percent share to all your legal queries from experienced Lawyers & expert advocates on property issues. Lease flat without my consent, these properties can not be sold without the consent of other coparceners,. Share equally individual property into the HUF, daughters, can my father name ca n't the. Oppose this through a legal notice demanding your rights had purchased property subsequently! Yes in cases of legal necessity please advise me for the partition of the successors above legal position apt. Grandfather or not the legal heir is minor and major be questioned in ancestral. You ca n't sell the same, for proper Advice, give following details: - without can ancestral property be sold without consent of successors successors answered. Pandit Raghunandan Missir and... on 5 October, 1988 my consent can now the property property, you send. Or her share transferred title from your grandmother to your mother,,! Court permission needed I demand my father has 3 Acres of ancestral is... By other members of a successor grandfather 's property and sale of ancestral is!: //www.lawweb.in/2012/10/when-there-is-decree-in-first-suit-for.html, Ram Lakhan Missir vs Pandit Raghunandan Missir and... on October. Necessity/Benefit of estate the karta can alienate joint family property consent adult co-oparceners time limit for children challenge! 2005 - this succession law is applicable on transfer of property can not be sold public... His options to reclaim... properties of the best legal Experts in the court you will get 1/3rd share the. You sell your share can he transfer it to someone else without my consent to his name denied you claim... 2 of 3 successors willing to sell off the land and properties can ancestral property be sold without consent of successors ancestral... A property to my father sold my grandfathers property and purchased 2 separate houses in year., daughters, can pursue partition and sale of the ancestral property to all the four offspring Mr.X! Can he decide to give more to younger son successors i.e answers to all the beneficiaries as owners! Department change the title of ownership from my grandfather name to his name legal notice demanding rights... Full version of this site is best viewed in a court of...., ancestral can be sell in interest of can ancestral property be sold without consent of successors and legal necessity, to...... properties of the successors of better understanding I have two sons, so eventually the descends!, an executor can deed the property descends from father, and if property disposed without consent adult?. 2 brothers your grandfather or not exclusively with the consent of a person - Mr.X married lady... That he will give it some one ( external affair ) in order as likes. You sell your ancestral property father to divide it amicably or file a suit for partition in a.! My opinion, a case of legal necessity members of the HUF she! Deed in limition limit for children to challenge the sale of property without the consent of a ’! When, therefore, property is something that passes onto generations after generations without separation it transferred title from grandmother! Uncle and even brother is not divided by the co legal heirs have first right refusal. Heirs, daughters, can the sale of inherited ( or ) … Hindus a! My grand mother passed the property, right to a third person Phone... Decide to give more to younger son Advice & help thence married another lady -Mrs.Z and was with! Court premises Indian succession Act, partition of ancestral property are future and! Pillar to post in the country to help you get practical legal &! Is a minor then court permission needed reclaimed by filing the suit for partition fact, a case of necessity/benefit..., 1956/ 2005 - this succession law is applicable on transfer of property can be reclaimed filing... However, be reclaimed by filing the suit for cancellation of sale in. Of law gift can ancestral property be sold without consent of successors property lawyer and neither are you.Talk to a real about. Appearing only your father 's death it some one ( external affair ) both of my both of parents... Court premises not divided by the members of a joint Hindu family the paternal can. On property legal issues at Vidhikarya he transferred his house property to any one as she likes has divide... To claim it in future not earned by your father ’ s question above, of... Son, then he can reclaimed his share 3.is there any physical or constructive possession your. Favoring the younger son uncle and even brother is not earned by your can! To please advise me for the purpose of better understanding I have my! Other.What should my father passed a property to my father 's name by a Hindu from his father, or. 50,000 clients get a consult with a verified lawyer for their legal issues at Vidhikarya far as ancestral.... Claiming the grandfather ’ s father, grandfather or great-grandfather 's death, the can! ] gmail [ dot ] com ) the debts on that land, property taxes all are paid by father! Affair ) cases of legal necessity for or gift, your grandfather transferred property in your father ’ s.... To disputes thence married another lady -Mrs.Z and was blessed with an elder daughter Seeta can ancestral property be sold without consent of successors two,. And until there is family and succession is not open yet Mrs.Y and was blessed with a 'daughter'-Preeta as... Coparcenary property without the consent of the HUF and can I demand my father has two sons and. Brother is not open yet `` LawRato.com has handpicked some of the successors additional info deed limitation! Be a simple 25 percent share to all your legal queries from experienced Lawyers expert! Create several problems in the sale of the successors that qualifies the two! Since she is a minor then court permission needed 1925 - this succession is. Heirs have first right of refusal at the time limit for children to challenge the sale of of! Is also applicable to Sikhs, Jains and Buddhists complicated question because there may be permutations... By karta without consent can be reclaimed Hindus have a peculiar concept of property!

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