• Alienation of property

My husband is the sole owner of 3 ancestral properties which were given to him by his parents through a will and also has a self acquired property. I am his second wife and we have a son. My husband also has 3 children by his first marriage -all are majors. Now my husband wants to sell/alienate 2 ancestral properties of which he is the sole heir. Can he do this and and being his wife do I have the right to ask for a stay from alienating the properties. Do I have any right over his ancestral property? What is the position in his self acquired property also?
Asked 3 years ago in Property Law from Jalandhar, Punjab
Kidnly note that Ancestral property and separate property are distinct. The property inherited by a Hindu from his father, father's father, father's father's father is ancestral property. The property inherited by him from other relations is his separate property.
Dhawal Bhandari
Advocate, Chandigarh
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Ancestral property is a species of coparcenary property. If a Hindu acquires coparcenary property from his father, it becomes ancestral in his hands as regards his sons. The sons become coparceners with the father as regards such property. The coparcenary would then consist of the father and the son
Dhawal Bhandari
Advocate, Chandigarh
15 Answers
3 Consultations
4.7 on 5.0
BUT YOU CAN'T SELL MORE THAN YOUR SHARE IN ANCESTRAL PROPERTY.
also its a settled law that a he can make a gift/sell his undivided interest in the coparcenary property to another coparcener or to a stranger BUT with the prior consent of all other coparceners. Such a gift/sale would be quite legal and valid.

no consent then not legal one !!!
Dhawal Bhandari
Advocate, Chandigarh
15 Answers
3 Consultations
4.7 on 5.0
Also A father can, however, dispose of the ancestral property only for payment of his debts
Also, his self acquired properties he can dispose off as he likes !!!
Dhawal Bhandari
Advocate, Chandigarh
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3 Consultations
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as far as self acquired properties are concerned your husband can dispose of the property as he pleases . he can sell , mortgage or create any third party rights on said property . if he dies intestate then said self acquired property would devolve on his legal heirs . if your husband has inherited properties from his father by will it would not be ancestral property . he can sell said properties as he pleases .
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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The paradox of your statement of facts is that on one hand you have mentioned that there are 3 ancestral properties, and on the other that your husband is the sole owner as they were given to him by his parents through a will. If these properties are ancestral then your husband cannot be the sole owner thereof, and to that extent the will in his favour, if any, is seemingly illegal. Ancestral property does not belong to one individual alone. All the share holders have an equal share in the ancestral property. 

You do not have any right in the ancestral properties of your husband, albeit your son has an indefeasible right in it based on the antecedent title. As regards his self purchased properties, you do not have any right in it as well. However, a new law which proposes to give 50% share to the wife in the properties of her husband is on the verge of being passed. It will not be proper to give a terse reply respecting your right to seek a stay order on the alienation unless the antecedent title is ascertained and the property documents perused thread bare.
Ashish Davessar
Advocate, Jaipur
18094 Answers
448 Consultations
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