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Writer's picturethelila500
Sep 6, 20223 min read

CAN I SELL MY PROPERTY WITHOUT THE CONSENT OF MY FAMILY?

Before discussing the circumstances where a property could be sold or not, let us first understand the concept of different kinds of property-

Ancestral Property and Self-acquired property-

  • Under Hindu law, the ancestral property can also be called as coparcenary property. Post the amendment of 2005, daughters of the joint Hindu family are also allowed to take an equal part in the property same as their brothers.

  • Self-acquired property is any property purchased by a person from his own money or it could be any property acquired by him as a share of his ancestral property.

The ancestral property is the property, where every coparcener has equal right over the property, and every decision regarding that property would be made through discussions with the coparceners and a coparcener cannot make any decision on his own prior to the division of the property.

Can a Karta ancestral property?

  • A Karta of a Hindu undivided Family (HUF), has the power to manage the family property and its assets in accordance with Hindu Law.

  • However, the Karta does not have completely independent, individual ownership over the ancestral property as each coparcener has an equal share, rights, and interest in the property.

  • Under the Mitakshara family, as provided under some provisions of the law, the ancestral property can be sold by the Karta, these conditions are-

  1. During the period of distress

  2. For the benefit of the family

  3. For a holy purpose like a religious work

  • The above-mentioned distress period shall be something which affects the whole family.

  • For the benefit/sake of the family could be for the maintenance of the home, or it may include situations where such selling of property is for the benefit and necessity of the family.

  • The above-mentioned ‘holy purpose’ would imply essential acts of duty such as obsequies of the ancestors, etc.

If the ancestral property could be sold as a coparcener?

  • A coparcener can sell his share of interest in the ancestral property. For the purpose of selling his property, the coparcener is required to separate his share of property from the ancestral property.

  • As provided by the law, even if someone has bought the share of interest of a coparcener, he cannot force him to file for partition, to decide when he wishes to separate from the property would be his own decision with his free consent

Facts about ancestral property-

  • In ancestral property, the right to property is gained by birth.

  • Coparceners can file for partition and sale of the property under their share of the ancestral property.

  • The property of the ancestors can be sold only by the consent of the successors, if not these properties cannot be sold.

  • If a property is not divided by the members of a joint Hindu family, such property shall be considered as ancestral property.

  • After the division of the ancestral property, the property so gained would be considered as the coparcener’s self-acquired property.

Thus, there are various necessary points which are required to be remembered while handling one's ancestral property, thus before selling your share in the property or selling the property altogether, it is advised to consult about the legal provisions with an experienced Property Lawyers In Mumbai


Conclusion-

From the above discussion, it can be concluded that the property if it is ancestral property, can be sold, just because you wish to sell it, many legal conditions are involved with it, and thus it would be in the interest of the seller to seek legal advice from an experienced Family Lawyers In Mumbai before deciding to sell the property.


Also, one can sell the self-acquired property as he wishes, as the property is his personal property and can be disposed of as he wishes. Before selling a particular property, it would still be in favour of the seller to seek legal guidance from an experienced Property Lawyers In Kolkatabefore deciding to sell his/ her property.


Lead India offers you a wide pool of experienced advocates who have been successfully handling cases related to partition, sale deeds, etc. If you seek legal advice or guidance, you may contact us.


Call Us: - +91-8800788535






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