Quick Answer: How do you stop selling ancestral property?

Can I stop my father from selling ancestral property?

If your father is about to sell the property, you can file a Suit for permanent and mandatory injunction against your father for stay on that property for any further sale of the property.

Can I sell undivided ancestral property?

While the head of a Hindu undivided family (HUF) has the power to manage the family assets under the Hindu law, an ancestral property cannot be sold by the sole decision of one or part owners, since four generations have their claim over such a property.

Can will be executed for ancestral property?

That means when a coparcener acquires his share in ancestral property than he can make a will to that share and bequest it. However will shall be executed after the death of the testator and if the coparcener before acquiring a share makes a will than that will be illegal.

Can my mother sell ancestral property without my consent?

Your mother can sell a property if she has purchased the same from and out of his own funds and you can not question the same. But if in case where the property came through succession after the death of anyone of your family members and where she got such right in it, she can not sell it without your consent.

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Who are the legal heirs of ancestral property?

A father (current owner of the ancestral property) and his son have equal ownership rights over the property. However, the share of each generation (the father and his siblings) is decided first after which the successive generations have to subdivide the portion inherited from their corresponding predecessor.

Is it true that ancestral property once divided becomes self acquired?

It should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property. … Property inherited by will and gift are not ancestral properties.

Is there any time limit to claim ancestral property?

According to section 109 of law of limitation, a Hindu governed by Mitakshara Law has to file a suit for setting aside his father’s alienation of ancestral property within 12 years from the date on which the alien has taken possession of property.

Can a property be sold without partition?

In absence of division by metes and bounds, a sale remains valid and only the possession of joint estate cannot be enjoyed by the vendee unless the property which is subject matter of sale has a character of exclusivity.

Is sale of ancestral property taxable?

Tax liability of the sold-out ancestral property

(LTCG). This capital gain is taxed at 20.8% (including cess) with indexation. When the property is held for a period of less than 24 months from the date of acquisition, the gains from the property will be termed as short term capital gains.

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Can father sell ancestral property without consent of daughter?

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Is grandfather’s property ancestral?

If the property is ancestral in nature, then the grandson has an equal right as his father in his grandfather’s property. … If the self-acquired property of the grandfather passes on to the grandchild, then he can inherit the property only after his father’s death.

Can a dad refuse to will property to his daughter?

No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited. … The daughters do not have any right over this property.