You are at liberty sell your undivided share in ancestral property without consent of other co owners

1. You seems not to have missed the good effect of amendment done in section 6 of the Hindu Succession Act which made the daughters eligible for equal sahre in the ancestral property of father which cam into effect form 5.9.2005 only.

2. So you are entitled to undivided equal 1/5th sahre in the proeprty which you can sell even beofre physical or oral partition of the property among all the co sharers.

3. However do note that before physical partition the purchaser of your sahre can not take possession of the proeprty sold to him.

4. So ot is advisable to first make a mutual partition deed and then sell your share.

1. The property you are referring to is not ancestral but inherited by you. The definition of ancestral propery is different.

2. Since it is not a dwelling house but a plot, you can sell your undivided and undemarcated share of the same to a third party.

3. The said third party will be able to file a partition suit against other legal heirs of the said plot before the Court of law.

Yes u can sell but for that u need to take permission from other shareholders of those property (eg your brother & Sisters )

If you take in a written from them on a stamp paper of rs 100 from everyone that "I have no objection if you sell your share in the property "

This way they can come forward through court that u sold everything without considering them. And u may face case against you.

However there is anr way out file a Suit in civil court

"Suit for declaration " here court itself declares the share of each shareholders and then u will not require anyone's consent before letting that property out.

1) No, you can't sell directly your shares to third party without your brother's consent. As they may be having possession of the plot. But when all of wants to sell the plot at that time you can sell your share.

Without a partition or without ascertaining your legal entitlement in the property which you claim to be ancesttral, it may not be legally valid or acceptable to sell the unidentified property.

Have you at least ascertained that whether you have a share in the ancestral property, as per the latest amended rules?

If your father died intestate then you are entitled to a legitimate share in his property which you can claim by filing a partition suit.

You can file an application in the same suit agaisnt the defendants to not to alienate the property in any manner til the disposal of the suit.

This can be the relief for you for the time being to secure your share in the property safely.

Hi, you are entitle to sell your share of property , but untill it is not partitioned how will you give the seller a physical posession of the property .. Therefore partition is necessary

It is not better to sale before partition even though u can

NO- A joint family property cannot be partitioned without family consent and neither can it be sold to a third party,

How you declare the share in the property yourself and wanted to sell that one?

Better to take consent of others and Settle amicably share and further finalize a Family Settlement deed.

Once the Family Settlement deed prepared , you can sell your share to the third party.

If , others are not ready for the same , then this is only possible by way of filing Suit for partition in the court as per law ,where court will declare your share.

1. By selling your undivided share in the property, the other legal heirs to the ancestral property, i.e., two sisters and three brothers will be put to hardship.

2. Instead of selling your undivided share to a third party discuss with your sisters and brothers to arrive at a decision so that any of your other legal heirs may be interested in buying your share in the property or convince your sisters and brothers to go for partition of the property by metes and bounds and getting the partition deed registered and then sell your share of the partitioned property to any buyer of your choice.

Yes you can sell you share but it will be better if the partition takes place and the shares in property are decided.the title of the property should be clear in your name after mutation and it's better if your share is decided and then sold.

The absolute ownership of the plot can be acquired by a family partition deed and get the property mutation in your name in the revenue record.

You may sell the property there after as it will have only your name.

The same being ancestral property you need to inform them about the same. If you feel like selling the same you need to get it partitioned and sale the same.

No, it would be difficult as first you need you get it separated by partition only then you can sell it.

Since this is an ancestral property, you must consult with the other stakeholders who hold an interest in this property and seek their consent before you sell your share.

Not following the requisite Legal Manager Procedures before selling off your share can involve Legal complications in the future.

1. It is not clear in the first place on what basis you call the property ancestral. If it was ancestral, was it ancestral in your hands or your father's hands?

2. Be that as it may, ancestral property can be sold by you to the extent of your share, but the buyer cannot get the possession unless it is partitioned.

1) when did your father die?

2) if your father died after 9th September 2005 you would have equal share in ancestral property

3) you have to file suit to claim your share in property and to set aside partition deed made by your 2 brothers

If u have the copy of will with you just apply the certified copy and file a civil suit

If viewed from legal standpoint:-

As per S.8 of the Hindu Succession Act:- The property of a male Hindu dying intestate shall devolve firstly, upon the heirs:-

Rule 1.―The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.―The surviving sons and daughters and the mother of the intestate shall each take one share.

As per rule 2 - all of you are entitled to equal share including the mentally challenged.

After the amendment of 2005, daughters are entitled to equal share.

Remedy:-

File a suit for partition and the court shall appoint a guardian for the mentally challenged sister and she will be equally entitled to one share. Your brother's alone are not entitled to grab the property.

You do have a share in this property.

Approach the Court to claim your share legally.

1. If the said property still stand in the name of your great grandfather without being interrupted by any sale/gift/settlement/partition deed or will from the time of your great grandfather, it is an ancestral property of yours on which you have full right along with other legal heirs.

2. You can file a partition suit claiming your share of the said property.

3. Alternatively, you can sell your undivided share to a third party who shall in turn file the partition suit.

1) you have your share in the property, I can explain you just want to check your date of marriage, does property was joined till date, your father's death date. It will depend upon this three clauses. See the succession amendment act below

Until the Hindu Succession Act, 1956, was amended in 2005, the property rights of sons and daughters were different. While sons had complete right over their father’s property, daughters enjoyed this right only until they got married. After marriage, a daughter was supposed to become part of her husband’s family.

Under the Hindu law, a Hindu Undivided Family (HUF) is a group comprising more than one person, all lineal descendants of a common ancestor. An HUF can be formed by people of Hindu, Jain, Sikh or Buddhist faith.

These Are Your Rights Under The Hindu Undivided Family

MakaanIQ shares the rights that married daughters now have in their fathers’ properties as per Hindu Succession Act, 2005:

Daughters’ rights in Hindu Succession Act, 2005

Earlier, once a daughter was married, she ceased to be part of her father’s HUF. Many saw this as curtailing women’s property rights. But on September 9, 2005, the Hindu Succession Act, 1956, which governs the devolution of property among Hindus, was amended. According to Hindu Succession Amendment Act, 2005, every daughter, whether married or unmarried, is considered a member of her father’s HUF and can even be appointed as ‘karta’ (who manages) of his HUF property. The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons.

However, a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005.

Equal right to be coparceners

A coparcenary comprises the eldest member and three generations of a family. It could earlier comprise, for instance, a son, a father, a grandfather, and a great grandfather. Now, women of the family can also be a coparcener.

Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. The coparceners’ interest and share in the property keep on fluctuating on the basis of the number of members according to the birth and death of the members in the coparcenary.

Both ancestral and self-acquired property can be a coparcenary property. While in case of ancestral property, it is equally shared by all members of the coparcenary, in case of self-acquired, the person is free to manage the property according to his own will.

A member of the coparcenary can also sell his or her share in the coparcenary to a third party. However, such a sale is subject to the Right of Pre-emption of the remaining members of the coparcenary. The remaining members, however, have the “right of first refusal” over the property, to stop the entry of an outsider.

A coparcener (not any member) can file a suit demanding partition of the coparcenary property but not a member. Thus, the daughter, as a coparcener, can now demand the partition of her father’s property.

1. You are entitled to equal share in the ancestral property as that of other legal heirs.

2. Send a legal notice to your brothers through a Lawyer and claim for your right on the property.

3. File a case against your brothers in the competent court for declaration and separate possession of the property.

They cannot deprive your rights in the property.

You can file a partition suit and let the court decide about your share.

No, you can to sell the share without filing a partition suit.

You must have a title to the land before selling the same.

I would advise you to first file a partition suit and then search if some one is willing to purchase the said property which is pending litigation.

If someone agrees then sell of the same in furtherance to the principle of lis pendis.

Regards

If they are refusing your share then only option ot calimis to file suit for partition in local court of law.

That is why I asked you to move before the court as soon as possible. The partition between them has no value in the eye of law.

1. If the property is originally purchased by your great grandfather and it has remained undivided then it is ancestral in your hands if your father died on or after 9.9.2005. You are free to file a suit for partition to cull out your share in the property as a coparcener.

2. Since the other brothers have divided the property only between themselves the remedy with you is to file a civil suit for declaration of the partition deed as illegal and also seek injunction against the sale of property.

No till partition your right on that property is not completely established to the extent of the individual share. You need to first get it partitioned.

1. Un-Divided /Non-Partitioned immovable property CANNOT be Sold /Purchased /Transfered, to a Third Party.

2. Un-Divided /Non-Partitioned immovable property CAN be Sold /Purchased /Transfered, to the Joint Title-Owners (existing owners only)

Keep Smiling .... Hemant Agarwal