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 Law an 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 selling that person needs to take his share out from the ancestral property. For this purpose he can file a suit for the partition at time. It is only the coparcener’s choice to decide as to when he want to get separated in the property. A Karta (defined as the manager of the property) 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 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.
Ancestral property is different from an HUF property. Ancestral property is property which devolves upon generations after generations by virtue of their survivorship. Each beneficiary has the right to claim his share in the ancestral property if sold unnecessarily or to take away the right of the beneficiaries. The ancestral property is devolved upon from three generations (father, grand father, great grand father). It is imperative to establish this chain to claim a right in the ancestral property. Mostly people forego their right in the property assuming that no claim can be made or it was the right of the manager to sell the property. It is important for a person to know and understand the chain and if his right can be established. The most apt way to go about it is to approach the lawyers to see if the right can be claimed; if yes and the documents are clear to state the right, the way to go about it is to go to the court of law and seek an appropriate court order to set aside any alienation or sale that could have taken place. Mostly Non Resident Indians assume that since they live abroad; they can not claim their right in the property in India. There are top law firms offering assistance to Non Resident Indians across India for any legal issues they might have in India.