There are many disputes and issues arise when someone wants to sell their ancestral property. Many issues come up related to claimant for claiming the right of the property where not only just the seller but the potential buyer feels in trouble. As per the Hindu law an ancestral property is the one which is inherited up to four generations of male lineage. The right in an ancestral property accrues by birth itself unlike other forms of inheritance opens upon the death of the owner. Under Hindu Lawan ancestral property is called Coparcenary property. After the amendment of 2005 even the daughters borne in any such Joint Hindu Family will also get their share in the property like the sons. Before the amendment only male person of the Joint Hindu family were called Coparceners.
A coparcener is free to sell his share in the ancestral property. For the sake of sellingthat person needs to take his share out from the ancestral property. For this purpose he can file a suit for the partition at time. According to the established law if some buyer has purchase the share of any coparcener in the ancestral property he will be not allowed to compel him to file a suit for partition. It is only the coparcener’s choice to decide as to when he want to get separated in the property.In Hindu Undivided Family (HUF) Karta he has all kind of powers to manage the family and the assets according to Hindu law. But Karta does not have a completely individual ownership of the property and each coparcener has its own right, share, title and interest in the ancestral property.According to the provision under law one can sell the ancestral property being Karta of the Hindu Undivided Family (HUF) as mentioned in Mitakshara.

  • Firstly during the period of distress:- Distress period is something that affects the whole family, for instance, a case of legal necessity.
  •  Secondly for the benefit or sake of the family: For the sake of the family can be defined as maintenance of the home and may also include selling the property for family benefit and necessity.
  • Thirdly for the holy purposes as any religious work : The Holy purposes include important acts of duty such as the obsequies of the ancestors and other kinds of religious works.

Important points for ancestral property
The Clear title of the property: The clear title is the proof or evidence of the right of ownership. Make sure that the title of the ancestral property is clear and is in the name of the seller.
Legally approved: The person must check whether the ancestral property is legally approved by visiting the concerned authorized office. You can also visit any primary bank to confirm the same as banks only approve properties that have legal clearances with valid documents.
Property tax: It is also important to make sure that the property tax has been paid and there are no tax dues on the property. Pending tax charges can create several problems in the sale of your ancestral property.
Free from dispute: It is also necessary that the ancestral property that you are trying to sell should be free from dispute and there should be no pending cases against it.