• Selling of agricultural land

Madam/Sir,

My grandfather died in 1981 with certain agricultural land left behind him, bought by 1965 approx. He had 2 sons( one of them my father)and 3 daughters. One of the daughter(my aunt)died in 1960 only. She has 2 sons and 1 daughter.

Now my father wants to sell particular portion of land.
1. Can he sell his portion of land without consent of others?
2. Whether son or daughter of my deceased aunt can claim share in property?
3. Is this a Ancestral property? If no, what is Ancestral property?
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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18 Answers

1.if it's ancestral then he will require consent of all. 

2. Yes they can if it's ancestral. 

3.Ancestral property is a property which devolves from 4 generations of father. 

Concept of Ancestral Property

Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property.

Any property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.

  • This property should be four generation old.
  • It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.
  • The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.
  • The rights in ancestral property are determined per stripes and not per capita. Share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor.
  • Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property inherited by will and gift are not ancestral properties.
  • Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

1. Yes

2. Yes

3. This is not ancestral property. Legally speaking, an ancestral property is the one which is inherited up to four generations of male lineage. The right to a share in an ancestral property accrues by birth itself, unlike other forms of inheritance, where legacy opens upon the death of the owner.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. If the partition of the property is not done then he can sell the undivided share of the property.

2. Yes they have share in the property.

3. No it is not ancestral property is it self acquired property of grand father. The ancestral property is a property which is four generation old and is undivided. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

father can sell his undivided share in land without consent of others

 

2) son / daughter of deceased daughter can claim share in property 

 

3) it is not ancestral property 

 

4) property which has remained undivided for four generations is ancestral property 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your grand father died intestate 

 

on his demise his 2 sons and 3 daughters have equal share in property 

 

predeceased daughter share would devolve on her children 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Even if the aunt is born before the 1956 then also she has right and on her demise her heirs has right,there is SC judgement on same. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This property does not come in the ancestral property category and in absence of the bill this property will go to other legal Heirs not only to your father.

 all the legal Heirs of your grandfather means your father and the Three aunts will have equal right in the property but your father cancel the undivided land portion to anybody until and unless there is a claim on that property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Your father cannot sell without consent of all legal heirs. 

all siblings will get equal share in fathers property. 

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If it's not an ancestral property then they will not have any claims

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. If the grandfather has died without will then they do have share in the property.

2. Your father can sell the property but they may raise the objection to such sale

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the person dies intestate i.e., without a will then the property is divided as per the hindu succession act

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The property belonged to your grandfather and he died intestate. Now the property was never partitioned and hence the daughters still have a share in the property. If the partition took place before 2005 and the property was divided amonst the sons..it would have been valid but now if the partition suit is filed the sister has to be made a party.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Did the partition take place before 2005 or did not take place at all??

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes,

Yes, 1/5th share.

If great grand child born than land has acquired ancestral status.

Succession opened on death of grand father i.e. after 1956.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  IF property was not duly "partitioned" on revenue records, THEN "ALL" the residual legal heirs of GF, can state claim on such undivided property.

2. Ancestral property held down FOUR generations are classified as ancestral property PROVIDED it was not partitioned /divided, consequent to which partitioned portion becomes "self-acquired" property at the hands of receiver under Income Tax laws.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1.  If there was no proper partition among the siblings of your father on the properties left behind by your grandfather then your father may not be able to sell a particular portion of property without ther consent of other shareholders. 

2. Yes, bot the sin and the daughter of your deceased aunt can claim their share mother's share ion the property.

3. This is not ancestral property.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your aunt was alive after the Hindu succession act, 1956 came into existence and the act has retrospective effect, hence your aunt ha equal rights to that of her male counterparts of her parents on the property left behind by her deceased father.

Therefore her own class I legal heirs have rights to claim her share in the property.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes your father can sell his share from the property without consent of other owners.

Yes they can claim share from the property.

No it is not ancestral property. An ancestral property which is 4 generation old and undivided property.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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