Joint Hindu Family Property
mahesh more
(Querist) 23 July 2009
This query is : Resolved
Can a person who is a hindu sell share of his property i.e. ancestral property without the consent of his sons/family?
Can the sons demand their share or can the challenge the sale upon attaining majority, if their father sells the property.
sanjeev murthy desai
(Expert) 23 July 2009
Dear Mahesh More.
As a katha and benefit of that family he can sell that property to the others with out consent of the his sons and family members otherwise not.
Y V Vishweshwar Rao
(Expert) 23 July 2009
I agreee with you Mr Desai & Sarvesh !
However the Share of the Father in Ancestral proerty can be sold by father to any other /third party / pereson subject to right of premption in favour of other share holders/family members , there are no much details in the Query !
Deekshitulu.V.S.R
(Expert) 24 July 2009
Sirs
Though the father is kartha he cannot arbitrarily sell the property of Joint Family. Even he cannot execute a settlement or a will in respect of the ancestral property. Unless the sale is for family necessity or for moral debts, the father can sell the property, and it bind's the sons. In other cases the sons can always question the alienations of the kartha if they are effected by immorality or illegality or if not for family necessity.
Even if the father executes a will in respect of the JFP it will be taken as valid to the extent of his share. Donot be under the impression that the father can sell the property as he likes and he has got an unfettered right to do the same while the sons are there. This is always subjected to many restrictions and conditions, and the right is not unfettered.
Sarvesh Kumar Sharma Advocate
(Expert) 23 July 2009
