Claim on Ansestral property
8 months ago
I have an Ansestral property at Prayagraj .. we have 4 brother ( 1 expired ) and 5 sisters ( All rest are living ) ..as shareholder to this property .. since my father died in 2002 without writing a will. My question here is : is it legal to sell the property without the consent of the all the stakeholders? The question here because as per the law the claim on such property can be made only untill 14 years. As my father expired in 2002 , now it's 2023 so 14 years are already passed. Please advise
A.Dear client,
The consent of each stakeholder will be required, to sell an undivided ancestral property. All coparceners, including daughters, can seek partition and sale of the ancestral property.
Yes, the time limit to claim ancestral property is 12 years. Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title.
The consent of each stakeholder will be required, to sell an undivided ancestral property. All coparceners, including daughters, can seek partition and sale of the ancestral property.
Yes, the time limit to claim ancestral property is 12 years. Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title.
Helpful
Helpful
Share
A.Dear Client,
Ancestral property cannot be sold without the consent of the other coparceners, if sold then coparceners can challenge the sale deed. Starus of the ancestral property does not relinquish or lapse over the passing of time. Legal heirs/ coparceners got the right of inheritance over the property by birth. An ancestral property cannot be sold by any copercener, since four generations have their claim over such a property. If the ancestral property remains undivided, a father cannot sell his ancestral property without the consent of the successors. If a father with two sons has inherited an ancestral property from his father, the grandsons also have a share in the property, and the father cannot sell it without the sons agreeing to it. On the demise of your father leaving his share in property intestate, all the surviving legal heirs/coparceners are entitled to an equal share of the said property,
Ancestral property cannot be sold without the consent of the other coparceners, if sold then coparceners can challenge the sale deed. Starus of the ancestral property does not relinquish or lapse over the passing of time. Legal heirs/ coparceners got the right of inheritance over the property by birth. An ancestral property cannot be sold by any copercener, since four generations have their claim over such a property. If the ancestral property remains undivided, a father cannot sell his ancestral property without the consent of the successors. If a father with two sons has inherited an ancestral property from his father, the grandsons also have a share in the property, and the father cannot sell it without the sons agreeing to it. On the demise of your father leaving his share in property intestate, all the surviving legal heirs/coparceners are entitled to an equal share of the said property,
Helpful
Helpful
Share
Read Related Answers
RTI
Dear Client,
In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
capital gain and property valuation
Dear Client,
In your situation, determining the valuation of the property for sale can be complex due to various factors, such as the historical construction of the property, its transformation into...
Regularization
Dear sir,
You may contact local advocate who is well known with local laws especially the building laws of your area to solve your problem.
Regarding Bank account details mentioned in Sales Agreement
Dear Client,
Usually, the contents of a Sale Agreement made by the Builders remain pro-builder guarding the interest of the Builder. But as a party to the said agreement you have the right to amend an...
House registry in Haryana
Dear Client,
In the absence of the original Seller and the original Buyer, a rectification deed or supplementary deed to rectify the error in the Schedule of Property of the original deed cannot be ma...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
