Ancestral property after partition
7 months ago
I purchased land in 2007 from 'X' person, who got this property from his father by filing partition suit in court, after that Mr. X got property registered in his name. Mr. X's son was minor at that time and I didn't take his sign for sale deed. Now (2022) Mr. X's son has filed case against Mr. X (his father) and me, stating that land sold by Mr. X is ancestor property and he wants his share in the land.
Whether the land purchased is still ancestor property or is it self acquired property after partition?Mr. X has stated in sale deed in that he is selling property to meet family expenditure and agricultural loan. Can this sale deed submitted in the court as evidence to claim that Mr. X has used the amount received from the selling the property to his family only, so that I can claim that minor son has no right in the ancestral property sold by Hindu Kartha for family expenditures? (Kehar Singh v/s. Nachittar Kaur)
A.Dear Client,
A father can sell ancestral property without the consent of the son if the son is a minor. But if the son is not a minor, then the father cannot sell the ancestral property without his consent. An ancestral property is an undivided property, in which four generations of a single family have their share. Once divided among the stakeholders by partition, an ancestral property would cease to be an ancestral property, and turn into a self-acquired property. The limitation for partition suits for ancestral properties is also fixed at 12 years. There is no time limit to file a partition suit. At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Being Karta of the HUF as mentioned in the Mitakshara system, one can sell an ancestral property. firstly, during the period of distress, secondly for the benefit or sake of the family and thirdly for holy purposes like religious work which are considered as legal necessities. The Supreme Court has ruled out in the judgment passed in the case of Kehar Singh (D) Thr. Lrs. vs Nachittar Kaur on 20 August, 2018 that once the factum of the existence of legal necessity stood proven, then, in our view, no coÂcoparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was one of the coÂcoparceners along with his father. He had no right to challenge such a sale in the light of findings of legal necessity being recorded against him. In view of the above proposition of law and the findings of the Apex Court, the case filed by the son of Mr. X may be dismissed as being not maintainable either in fact or in law. Reach out to an Advocate for guidance, if required and for taking suitable steps in the case filed by the son of Mr. X claiming a share in the property.
A father can sell ancestral property without the consent of the son if the son is a minor. But if the son is not a minor, then the father cannot sell the ancestral property without his consent. An ancestral property is an undivided property, in which four generations of a single family have their share. Once divided among the stakeholders by partition, an ancestral property would cease to be an ancestral property, and turn into a self-acquired property. The limitation for partition suits for ancestral properties is also fixed at 12 years. There is no time limit to file a partition suit. At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Being Karta of the HUF as mentioned in the Mitakshara system, one can sell an ancestral property. firstly, during the period of distress, secondly for the benefit or sake of the family and thirdly for holy purposes like religious work which are considered as legal necessities. The Supreme Court has ruled out in the judgment passed in the case of Kehar Singh (D) Thr. Lrs. vs Nachittar Kaur on 20 August, 2018 that once the factum of the existence of legal necessity stood proven, then, in our view, no coÂcoparcener (son) has a right to challenge the sale made by the Karta of his family. The plaintiff being a son was one of the coÂcoparceners along with his father. He had no right to challenge such a sale in the light of findings of legal necessity being recorded against him. In view of the above proposition of law and the findings of the Apex Court, the case filed by the son of Mr. X may be dismissed as being not maintainable either in fact or in law. Reach out to an Advocate for guidance, if required and for taking suitable steps in the case filed by the son of Mr. X claiming a share in the property.
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A.Dear Client,
In Hindu law, ancestral property refers to property that has been inherited up to four generations of male lineage. However, the definition and rules regarding ancestral property can vary depending on the specific circumstances, the local customs, and even the state laws in India.
Here are some general points to consider:
Partition of Ancestral Property: If Mr. X's father filed a partition suit in court, and the property was partitioned legally, then the shares of the property would have been determined at that time. The property that Mr. X received as his share may no longer be considered ancestral property.
Sale Deed and Utilization of Funds: If the sale deed clearly mentions that Mr. X sold the property to meet family expenditures and agricultural loans, it can be used as evidence to support the argument that the sale proceeds were used for the benefit of the family, which might weaken the claim of Mr. X's son.
Minor's Rights: If Mr. X's son was a minor at the time of the sale and did not provide his consent or signature for the sale deed, it could impact his ability to claim a share in the property. However, the legal procedures for addressing this situation can vary by state and circumstances.
Consult an Attorney: Given the complexities of property law and the specific details of your case, it is highly advisable to consult with a qualified property lawyer. They can examine the sale deed, the court's partition order, and the relevant laws in your state to provide you with accurate legal advice and guidance.
Thank you.
In Hindu law, ancestral property refers to property that has been inherited up to four generations of male lineage. However, the definition and rules regarding ancestral property can vary depending on the specific circumstances, the local customs, and even the state laws in India.
Here are some general points to consider:
Partition of Ancestral Property: If Mr. X's father filed a partition suit in court, and the property was partitioned legally, then the shares of the property would have been determined at that time. The property that Mr. X received as his share may no longer be considered ancestral property.
Sale Deed and Utilization of Funds: If the sale deed clearly mentions that Mr. X sold the property to meet family expenditures and agricultural loans, it can be used as evidence to support the argument that the sale proceeds were used for the benefit of the family, which might weaken the claim of Mr. X's son.
Minor's Rights: If Mr. X's son was a minor at the time of the sale and did not provide his consent or signature for the sale deed, it could impact his ability to claim a share in the property. However, the legal procedures for addressing this situation can vary by state and circumstances.
Consult an Attorney: Given the complexities of property law and the specific details of your case, it is highly advisable to consult with a qualified property lawyer. They can examine the sale deed, the court's partition order, and the relevant laws in your state to provide you with accurate legal advice and guidance.
Thank you.
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