Surojit Mullick
in Property Law Family Law
Asked May 15, 2017

Sale of ancestral property

  • 1 Answer
  • 923 Views

Can ancestral property be sold without permission from high court or without consent of beneficiary of family member? 

Answer 1

 

 

 

Dear Sir/madam,

This problem can be many folds. One, being that the property in question is still under the hands of the “Karta” of the family i.e. the head of the family (pre partition). 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. 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. Thereby, stopping the father from selling the property away. Fulfilling the age of majority and being the beneficiaries of the property, one can always object to such selling. The property is liable to bounce back to the successors. Now, if the property is a partitioned property then the person is obviously eligible to sell his individual share in the property.

Apart from the abovementioned, there is no specific need to approach the hon’ble High court. The law is pretty much settled in this regard.

There is also a difference between a self acquired property of your father and a property that actually devolves down for 3 generations – identifying this issue clarifies and qualifies a property to be an ancestral property.

Had it been a self acquired property (one which does not satisfy the criteria of ancestral property), the father has got every right to sell it without the permission of the successors.

Agree Comment 0 Agrees over 4 years ago

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