Is ancestral property can be sold without consent of successors?
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.
How can I get ancestral property without documents?
If there is no such document is reflected in the EC obtained for a period of at least 50 years, you can discuss among yourselves and arrive at a decision for a mutual partition, and the same drawn as deed, get the deed registered. This registered partition deed shall become a proper title document.
Can I sell undivided ancestral property?
While the head of a Hindu undivided family (HUF) has the power to manage the family assets under the Hindu law, an ancestral property cannot be sold by the sole decision of one or part owners, since four generations have their claim over such a property.
How do I transfer ancestral property to my name?
Once the beneficiaries and their shares, rights and liabilities are decided, the property has to be transferred in their names. For this you need to apply for property transfer at the sub-registrar’s office. “In most of the cases (documents needed are) Will; or Will with probate or succession certificate.
Is it true that ancestral property once divided becomes self acquired?
*Once the inherited property is partitioned, the share received by each coparcener becomes his or her self-acquired property. *Properties acquired from the maternal side does not qualify to be an ancestral property. *The head of a Hindu undivided family has the power to manage the family assets under the Hindu law.
Can father sell self acquired property without consent of daughter?
No the son and the daughter cannot object to the sale of the property as it is the father’s self acquired property. If the property is a self acquired one then the owner has the sole rights to sell the property.
Who has rights on Grandfather property?
A grandson’s right on his grandfather’s ancestral property is by birth. It does not depend upon his father or grandfather’s death. A grandson owns a share of his grandfather’s property since birth. Distribution of property happens in such a way that each share gets further divided into successive generations.
How do you prove a property is self-acquired?
The Court stated that to prove suit properties as self-acquired properties evidence in the form of sale- deed and evidence of payment of sale consideration shall be adduced.
Can a property be sold without partition?
In absence of division by metes and bounds, a sale remains valid and only the possession of joint estate cannot be enjoyed by the vendee unless the property which is subject matter of sale has a character of exclusivity.
Is there any time limit to claim ancestral property?
According to section 109 of law of limitation, a Hindu governed by Mitakshara Law has to file a suit for setting aside his father’s alienation of ancestral property within 12 years from the date on which the alien has taken possession of property.
Can I sell jointly owned property?
A co-owner of a property is capable of selling his/her undivided share in the property provided the purchaser is willing to make a purchase in the said manner. the only other way is to partition a property, either through court or through a partition deed and then affect sale of divided property.
Can a dad refuse to will property to his daughter?
No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited. … The daughters do not have any right over this property.
How do I claim ancestral property?
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.
Can a father gives all his property to one child?
Father has every right to give his property as he likes. In your case father can give his to one son by ignoring other son or daughter. The transfer may be through sale Deed, gift Deed or will.