Can i sell ancestral property

It may be pointed out here that under the Hindu Law, only the coparceners are entitled to ask for partition of the HUF property. Until the amendment of the Hindu Succession Act in , only male members of the family were treated as coparceners. However, after the amendment, sons and daughters are both put on the same footing. Now, both are treated as coparceners and thus, are equally entitled to ask for partition of the HUF property. On behalf of the buyers and Kehar Singh, it was contended that being the father and karta of the HUF, Kehar Singh had more powers with respect to the property, as compared to other family members.

While discussing the circumstances under which the father can dispose of the family assets, the Punjab and Haryana High Court had considered various circumstances, under which the karta of the HUF can dispose of the family property, without taking the consent of the son. In this classic book, Mulla has opined that a Hindu father, in case of legal necessity, has special powers of alienating family property, which no other coparcener has.

Mulla had observed that while exercising this special power, the father can make a gift of a portion of the family property, only during certain eventualities, like during distress for the sake of the family and especially for pious purposes. Ancestral property under Hindu Law is known as coparcenary property. After the amendment in , even the girls born in a joint Hindu family are allowed to take an equal share in the property same as sons.

Prior to this amendment, only male members of the joint Hindu family were known as coparceners. When it comes to the self-acquired property, it is any property which is purchased by a person from his own money or any property he acquired as a share of the division of any ancestral or coparcenary property.

The self-acquired property also includes a property which is obtained through any testamentary document like a will or a legal heir. But, Karta does not have a completely independent, individual ownership of the property and each coparcener has its own share, title, right, and interest in the ancestral property. According to some provisions one can sell the ancestral property being Karta of the HUF as mentioned in mitakshara. Firstly, during the period of distress, secondly for the benefit or sake of the family and thirdly for the holy purposes like religious work.

The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner. A father current owner of the ancestral property and his son have equal ownership rights over the property.

However, the share of each generation the father and his siblings is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor. The Delhi High Court had ruled in that an adult son had no legal claim on his parents' self-acquired property. Keep on reading to find out some important facts about selling an ancestral property. The share of a person in his ancestral property is determined on the basis of the number of coparceners.

Both sons and daughters have equal rights on the property acquired from a predecessor. But the same rule does not apply in the case of self-acquired property of a father. The rights in ancestral property are determined by the share of each generation and your position in the family tree. An inherited land or house no longer remains an ancestral property once it is partitioned between the family members. And, a coparcener cannot sell a joint property without getting the permission of other family members or heirs.