Selling of ancestral property
Can a father sell his ancestral property without permission of his children? If yes, what are the options for selling the ancestral property? After how many years children cannot claim on ancestral property?
Asked in Property Law from Gaya, Bihar
. father can sell his share of ancestral property . if he sells share of children they can move court for an injunction restraining sale of property . children can on becoming major challenge sale of property within period of 3 years
Father cannot sell the entire ancestral property till the consent of all the share holders in the property has been obtained. In order to stop him from selling the ancestral property his children may move the District Court and seek a stay order against the sale. 3 years is the time limit for children to challenge the sale of ancestral property.
Above is OK but if you go for your specific issue ,you will get better solution.
Advocate, New Delhi
Father, being the Kartha of the joint family,has limited powers to alienate the ancestral property only for legal necessity and meet out of family requirements without permission of his children.There is no time bar for claiming on ancestral property and even a minor can also sue against his father provided minor represented by duly appointed person in this regard.
my father sell his ancestral property in 1991,now he recently expire can I claim over it now
Asked 3 years ago
what were you doing for 23 years ? why did you not challenge sale of ancestral property for so many years . you cant do it now after lapse of 23 years
If you can convince the court within the legal parameters that till recently you possessed no knowledge about the sale of ancestral property then the court may allow you to belatedly challenge the sale.
Father can't sell the joint family property without consent of his children if he sold, seller has to prove that the sell was done for legal necessity and family benefit. other wise children can go before the court for setting aside the sale.