Can father sell ancestral property? क्या पिता पुश्तैनी संपत्ति बेच सकते हैं? باپ پشتینی ملکیت کیا بیچ سکتا ہے؟

Before knowing the solution of the question, can father sell ancestral property without the consent of his family members or not, we need to know which property is called ancestral property. 

What is an Ancestral property?

The following properties are treated as ancestral property:

➣A property which is acquired by a great grandfather and passed down undivided to the next three generations up to the present generation of great grandson/granddaughter.

➣Legally, an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.

➣An ancestral property must be undivided by the family members.

➣A person has his right over the ancestral property by birth.

➣The properties acquired from mother, grandmother, uncle or brothers are not considered as ancestral property.

➣Properties inherited by WILL and Gift are not Ancestral Property.

  Now after going through the definitions of ancestral property, we will know that, whether the father having his right to sell an ancestral property without the consent of the family members or not, or if he has the right to sell then under what circumstance he can sold an ancestral property without taking any consent of his son, daughter and other family members.

Can father sell ancestral property?

It is proved from the above discussion that, a person cannot transfer an Ancestral property by way of a WILL or gift deed as per his own choice and without taking the consent of other members of the family, hence an Ancestral property cannot be sold without the consent of successors in case of major and in case of minor, permission of the Court is mandatory, and finally the father cannot sell the property to anyone, and even if he sold an ancestral property then it can be reclaimed by his legal heirs. 

 

Can Karta of Hindu Undivided Family sell the ancestral property?

 The head of a Hindu undivided family (HUF) has power to manage the family assets under the Hindu Law, but he has not full right over the Ancestral property, and each coparcener is entitled for getting his /her share, title, right, and interest in the ancestral property. 

However, there are certain circumstances under which a Hindu father being the Karta of HUF sells the ancestral property without taking the consent of coparcener.

 

Circumstances under which a father can sell an ancestral property: 

➤For the payment of government revenue and of debts which are payable out of the family property

➤For the maintenance of coparceners and of the members of their families

➤For the marriage expenses of male coparceners, and of the daughters of coparceners

➤For the performance of the necessary funeral or family ceremonies

➤For the costs of necessary litigation in recovering or preserving the estate

➤For the costs of defending the head of the joint family or any other member against a serious criminal charge

➤For the payment of debts incurred for family business or other necessary purpose. 

    Hence, the father can sell or mortgage ancestral property, including the shares of his sons, grandsons and great-grandsons in the property for a valid reasons only, otherwise he cannot sell an Ancestral property without getting the consent of the successor of the property, and if he sold the ancestral property without any valid reason or without the consent of the successors , then the successor can claim his right in the property after filing a suit before the Court of law.   

For Muslim and Christians, there is no concept of ancestral property. The property can be given to one son as per the limit permitted under personal law for Muslims.

Reply to your questions:

 Who has right on ancestral property?

All the family members have right on ancestral property, including sons and daughters. Now after the amendment in 2005 in the Hindu Succession Act, 1956, a daughter whether married or unmarried has equal right same as son , and before 2005, only sons were having share in the ancestral property.

 

Is the property gifted by my father an ancestral property? 

No, the property received by way of gift from your father is a self acquired property and not an ancestral property.