Ancestral property question

It is not an ancestral property, besides that person has to approach court only and not the registrar's office, hence the registrar can very well reject his objections. 

Ancestral property is inherited from a paternal ancestor, while joint family property is acquired by the joint efforts of the family members or through individual coparceners without the aid of ancestral property but treated as property of the whole family.

The general doctrine of Hindu law is that property acquired by a karta or a coparcener with the aid or assistance of joint family assets is impressed with the character of joint family property.

In order to constitute a Joint Hindu family the existence of any kind of property is not required whereas in Coparcenary there is an ancestral property right

Thank you Sir for your clarification. Unfortunately, my Uncle has bribed the sub-registrar (he has accepted it himself) and the sub-registrar is giving us a tough time in not even wanting to see our papers.

Looks like we have to goto Court now.

I have one more question - if the Court rules in our favour, is it possible for a different person to put a similar case so that the case goes on dragging for years in the Courts?

Dear Rajeev,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your question is NO. The sale of this property cannot be halted on the stated grounds.

Ancestral property laws in India are governed by the Hindu Succession Act, 1956. It defines an ancestral property as any property that has been passed on for four generations by male ancestors. The property should not have been partitioned, sold, or otherwise divided in this time, as that would result in it losing its status as an ancestral property.

The coparceners to this property shall, by birth, have a right to claim this property. Therefore, without obtaining consent from the rest of the coparceners, any single coparcener cannot sell this property. Although ancestral property can be sold this way, it will lose its status as an ancestral property.

It has been mentioned in the facts that the property was divided among the children of the deceased after his death, which means that this property has lost its status as an ancestral property. It now classifies as a self acquired property, meaning the owner of said property has complete rights over it, including its sale. Also, since complete ownership exists, no person can raise any objection against the sale of this property. Also, the fact that a sale deed has been registered in the name of each child of the deceased for their share of the property also points to the fact that this property is no longer ancestral.

Therefore, the claim that this property is ancestral and cannot be sold is not maintainable in a court of law.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil