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. And if property disposed without consent can be reclaimed.
Is it bad to sell ancestral property?
No the co-owner of the property can not sell the ancestral property without the consent of the other co-owners. Also, it is mandatory to take the consent for selling the ancestral property from the head of the family. As per the Hindu law, only the head of the family takes all the property-related decisions.
Who has right on ancestral property?
Also, whenever someone inherits a property from any of his paternal ancestors up to three generations above him, his legal heirs of up to three generations below him would get equal right, as coparceners in that property.
Can I sell undivided ancestral property?
– No, ancestral property cannot be sold without consent of successors , even if , the successors are not major.
Can my mother sell ancestral property without my consent?
Property purchased by grandfather and father is ancestral property. It can be sold only by all the consent of all the shareholders. 1. Mother has no right to sell the property without your written consent.
How do I stop my father from selling ancestral property?
If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.
Can legal heir sell property?
In short, yes, a court issued succession certificate gives the owner the right to sell the property. 2) If the Succession Certificate is issued by a Court, the same can be treated as a valid document. … Succession certificate is mandatory to transfer immovable property by legal heirs.
How do I sell ancestral property without documents?
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.
Who are the legal heirs of ancestral property?
Both you and your sibling have an equal right over the ancestral property by virtue of your birth, as per the Hindu Succession (Amendment) Act, 2005. Our estate planning expert explains further. Each week, our experts answer readers’ queries related to the division of assets, will, succession and more.
Who are legal heirs of grandfather’s property?
The grandfather can transfer the property to whoever he desires. If the Grandfather dies without leaving any will, then only his immediate legal heirs i.e. his wife, son(s) and daughter(s) will have right to inherit the property left behind by him.
How do you convert ancestral to self acquired property?
The partition of our ancestral property took place between my father and his brothers in the year 1980 with the mutual understanding of the brothers.
Is sale of ancestral property taxable?
Tax liability of the sold-out ancestral property
This capital gain is taxed at 20.8% (including cess) with indexation. When the property is held for a period of less than 24 months from the date of acquisition, the gains from the property will be termed as short term capital gains.
How do I transfer ancestral property to my name?
For a valid transfer, the deed must be registered as per Law. The land registry, i.e. the department for registration records the ownership for the public. Once the document is registered as per Law, it becomes the title deed, i.e. document showing the name of the person holding the title of the property.
Can my mother sell my father property?
Yes, your mother can sell her 75% share alone and there is no legal restraint in it. … Since your father died intestate, his 50% share in the property would devolve equally to you and your mother.
Can father deny ancestral property to son?
In an ancestral property, all the sons have a right by birth and therefore, the father cannot give the ancestral property to one son to the exclusion of others. After amendment of 2005 in the Hindu Succession Act, even daughters are coparceners and have a right in the ancestral property.
Can married daughter claim mother’s property?
The married daughter of the deceased mother is a legal heir to the deceased mother hence she has a right to claim her share out of her mother’s property. … The daughter can claim a share in her deceased mother’s share of property alone if she has died intestate in the capacity of legal heir to the deceased mother.