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Q.

Can ancestral property be sold without consent of successors?

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1 2021-07-08T19:12:40+00:00
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Ancestral property is the property that is passed up to four ancestral generations to the legal heir of the family. Under the Hindu Undivided family, an ancestral property can hold its title until the property remains untouched from partition. There are many questions regarding ancestral property and people often ask

can ancestral property be sold without consent of successors. Let us understand the rules for selling ancestral property. 

Can ancestral property be sold without consent?
  • 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.

  • If an individual wants to sell his/her share from the ancestral pro

    perty first that person is required to take his/her share and then get the signature or thumb impression from the head member of the family. 

  • People also ask “can father sell ancestral property without consent of son”. For this situation, if the son is an adult then the father can not sell his share from the ancestral property.

  • If the son is a minor and the head member of the family is ready to sell the property in that case the ancestral property can be sold without the consent of the son. 

These are the conditions of an ancestral property. Hope your doubt can ancestral property be sold without consent of successors is clear by reading this answer. 

 
1 2022-06-15T18:43:20+00:00

I heard one of the cases in which the father sold the ancestral property without the consent of the successors. Later it led him to the legal actions taken by the court as the successors filed a complaint against him. This guide will let you know about can I sell undivided ancestral property.

Opt for seller plans from NoBroker to sell your property with ease.

Sale of ancestral property without partition:

An ancestral property can't be sold by a single person because it belongs to four generations. The Hindu Undivided Family (HUF) head has authority over the property and money of the remainder of the family. If the property must be sold, however, every shareholder must approve and sign the necessary documents. As per Charu’s answer, the property cannot be sold even if one of the family members opposes it.

Can an ancestral property sold by father?

A father cannot sell his ancestral property without the permission of the successors if the ancestral property is undivided. If a father with two sons inherits ancestral property from his father, the grandsons also have a portion of it. The father cannot sell it unless the sons agree.

Rights of women in ancestral agricultural lands:

Agricultural land had historically been a privilege acquired and maintained by males in India. Agricultural land is always a profitable investment that is worth a lot of money. Women were not allowed to claim their holdings in ancestral agricultural properties under the Hindu Succession Act of 1956. That, too, has altered. Women can now claim ancestral agricultural properties on an equal footing with males.

Now you know can I sell undivided ancestral property.

Want to register property to your name? Consult NoBroker and get it done today. Read More: Can wife claim husband’s ancestral property in India? Can ancestral property be gifted? When ancestral property becomes self-acquired? Can father sell ancestral property without consent of son?

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