selling ancestral property

Originally posted by : Yoga Rajan
	my child is minor 20 months old. In wife custody. Is there any way i can get custody of my son?

In custody case kids will be growing, the wish to hug cuddle, make them listen to your words all that will go day by day, and it will be gone.
If you are rich just try to purchase the kids custody. If you are unable to purchase the kids custody, then better to forget the kid and take divorce or adopt some other kid and fulfil your desire of bringing up a child.
If you want that child which is "YOURS" then am sure one would not have screwed up married life.

Hello there,

Ancesteral property is considered ancesteral, only if the property has not been divided for 4 generations: Great Grandfather + Grandfather + Father + Son

But if the property is divided, in the above mentioned chain of 4 generations, then in who ever persons name it is, it becomes his SELF-ACQUIRED property.

CONCLUSION: If your mother & sister, legally relinquish their property rights, and when the property is in your name: It immediately becomes your SELF-ACQUIRED property, even if it was an ancesteral property.

And you can sell it, or do what ever you want. Your wife or your son (even if major, bove 18 years of age), cannot do anything, or stop you from selling it.

BOTTOM LINE: If you are generating income from that property, then your wife and MINOR son can claim maintenance, buy they dont have any property right directly.

MY SUGGESTION: They can still put fradulent cases saying that its a JOINT HINDU FAMILY, and harass you, so I would personally suggest you to sell that property and buy a new similar property (if you desire). That way, any new property that you will buy, will not have that link of : ANCESTERAL PROPERTY, and you will be safe. (NOTE: IN my case, my divorce is going on, so I sold my ancesteral property, and bought another property in my mothers name, who has given power-of-attorney to me, as well as she has it in her living-will, that after her, the property owner would only be me, and just because its my mothers stree-dhan, she clearly mentioned in her will that my estranged wife or my daughter/son cannot claim it)

Hello there,

Ancesteral property is considered ancesteral, only if the property has not been divided for 4 generations: Great Grandfather + Grandfather + Father + Son

But if the property is divided, in the above mentioned chain of 4 generations, then in who ever persons name it is, it becomes his SELF-ACQUIRED property.

CONCLUSION: If your mother & sister, legally relinquish their property rights, and when the property is in your name: It immediately becomes your SELF-ACQUIRED property, even if it was an ancesteral property.

And you can sell it, or do what ever you want. Your wife or your son (even if major, bove 18 years of age), cannot do anything, or stop you from selling it.

BOTTOM LINE: If you are generating income from that property, then your wife and MINOR son can claim maintenance, buy they dont have any property right directly.

MY SUGGESTION: They can still put fradulent cases saying that its a JOINT HINDU FAMILY, and harass you, so I would personally suggest you to sell that property and buy a new similar property (if you desire). That way, any new property that you will buy, will not have that link of : "  ANCESTERAL PROPERTY", and you will be safe.

MY CASE:-

(NOTE: IN my case, my divorce is going on, so I sold my ancesteral property, and bought another property in my mothers name, who has given power-of-attorney to me, as well as she has it in her living-will, that after her, the property owner would only be me, and just because its my mothers stree-dhan, she clearly mentioned in her will that my estranged wife or my daughter/son cannot claim it)