Totally Depressed (Cashier) 12 February 2021
Nandini Warrier 13 February 2021
Good evening,
Ancestral property refers to the property passed down to your father from your grandfather, without any partition for over four generations. If there is no partition, then the property passed down from your grandfather to your father will be considered ancestral, and such property CAN'T be sold to anyone, except for certain circumstances.
(Please read more about the circumstances in the link below-https://www.lawyersclubindia.com/forum/hindu-succession-215326.asp)
Since it is ancestral property, every child has a right to claim the property. After the Hindu Succession Amendment Act 2005, even female children have a right to ancestral property. Therefore, a father can not transfer ancestral property to just one son/child, and it can't be sold or gifted to one legal heir alone, and such a sale deed or gift deed can be challenged. If any father does so, then the other children or legal heirs can approach the courts, either to claim their rights on the ancestral property, or to seek a partition of the property.
If the head of the family, or Karta is selling ancestral property to an outsider, then it can only be done with the consent of the legal heirs of Karta, unless in cases like emergencies (a marriage, medical related financial issues). Please read more about it through the link provided above.
Hope this helps!
Regards,
Nandini
Totally Depressed (Cashier) 13 February 2021