How do I sell ancestral property without documents?

If you have been denied a share in your ancestral property, you can send a legal notice to the erring party. You can also file a suit for partition in the civil court, claiming your share. To ensure that the properties are not sold when the matter is sub-judice, you may seek injunction from the court in the same suit.

Can ancestral property be sold without consent of successors in India?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

How can I sell ancestral property in India?

The properties of the paternal ancestors should be sold only with the consent of the successors. Without consent, these properties cannot be sold. But, it can be regained by filing a suit for the partition in a court. Similarly, if their part of share is denied one can send a legal notice demanding their rights.

Can ancestral property be sold without partition deed?

Though there is no legal prohibition on selling undivided share of the co sharer in the joint property , the buyer without physical partition of the property can not take possession of the same.

Can ancestral land be sold?

The indigenous concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.

Sale of joint/Ancestral property without consent. weather permissible?

Is there any time limit to claim ancestral property?

The time limit to claim ancestral property is around 12 years. However, if there is a valid reason for delaying the claim, then the court may accept the same and process your request.

How do I sell an inherited property?

Who has the right on grandfather property?

The father and the son have equal rights in their grandfather's ancestral property. In case of self-acquired property, the son will be a class 1 heir along with his mother, sister, brother, and grandparents. The father's property cannot be transferred to an illegitimate son.

How do I transfer ancestral property to my name?

For a valid transfer, the deed must be registered as per Law. The land registry, i.e. the department for registration records the ownership for the public. Once the document is registered as per Law, it becomes the title deed, i.e. document showing the name of the person holding the title of the property.

How do I claim ancestral property?

A coparcener can have a claim over the entire ancestral property of his family if he is the sole surviving coparcener of the family. When there are multiple coparceners, he is only entitled to one share of the property. A coparcener can claim his share by asking for the partition of the ancestral property.

Can mother sell ancestral property?

Property purchased by grandfather and father is ancestral property. It can be sold only by all the consent of all the shareholders. 1. Mother has no right to sell the property without your written consent.

Can you sell a property without the original title?

If someone is offering to sell you a property, always require the original of the Certificate of Title before giving them your money.

Who can sell inherited property?

Generally, co-owners are free to transfer/sell their share in the inherited property. However, one co-owner cannot transfer the share of other co-owner without permission. Selling the share in inherited property involves an understanding of the nature of co-ownership and rights of all co-owners.

Can a property be sold without probate?

Probate can take several months to obtain and although you can put the property on the market for sale before Probate you cannot complete a sale without Probate so it is important that you make the Estate Agents and your Solicitors aware at the time of placing the property on the market that you do not have Probate at ...

Can ancestral property be converted to self acquired?

Such a property should not have been divided by the members of the joint Hindu family. When a division or a partition happens in a joint Hindu family, it becomes “self-acquired" property in the hands of a family member who has received it.

Can a daughter claim on ancestral property?

Post-2005, after the enactment of the Hindu Succession (Amendment) Act, 2005, daughters are now considered coparceners in the Ancestral Property of their Hindu Joint Family. Hence, daughters now have coparcenary rights over Ancestral Property.

Can I claim my ancestral property after 50 years?

Yes, you can claim for it.

Who are the legal heirs of ancestral property?

A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.

Can father sell property without consent of son?

Answers (2)

No the son and the daughter cannot object to the sale of the property as it is the father's self acquired property. If the property is a self acquired one then the owner has the sole rights to sell the property.

How do I stop my father from selling ancestral property?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Can we sell property without original documents?

B. NO,a property cannot be bought for which original sale deed is not with the owner, but a copy of the deed acquired from the registrar is available and and name of the owner is displayed in the Encumbrance certificate.

Who will pay the Deed of sale?

A Deed of Sale is a contract where the seller delivers property to the buyer and the buyer pays the purchase price.

Who will prepare the Deed of sale?

Who prepares the Deed of Sale? The deed of sale is drafted by the seller and it includes the details of the transaction. The document should then be notarized by a lawyer, otherwise, it will have no power when presented to authorities or court.

Can a son claim his mother's ancestral property?

A son can't claim any share in his mother's self-acquired property during her lifetime. However, if a Hindu female (mother) dies without a will, then the property is divided among legal heirs as per the Hindu Succession Act's provisions. The legal heirs are: Husband, sons and daughters (if predeceased, their children)

Can I gift deed ancestral property?

An ancestral property can not be gifted. Every legal heir is entitled to have an equal share in the ancestral property. After 2005 daughters of the Hindu undivided family have equal rights to ancestral property. Property inherited through Will and Gift is not ancestral.