if husband have ancestral property and he sold the property then his wife and his heirs can claim?
under which section of hindu succession act they don't right to claim this property.
Good evening,
Ancestral property refers to the property that has been passed down to a person from their father, for four or more generations. Such property has been with the family for four generations, without being divided or partitioned will only be considered as ancestral property.
Ancestral property CAN'T be sold to an outsider without the consent of the successors. Every legal heir, from their birth has a right on such ancestral property, hence you will need the heirs consent to sell it. Before the Hindu Succession (Amendment) Act 2005, only male heirs had rights on ancestral property, but after amendment, even female heirs (daughters) have a right, or claim on the ancestral property since their birth. Therefore, if the wife, and children consent to selling the ancestral property, then they're vanquishing their rights over the property. But if there is no consent, then the heirs or successors can approach the court to enforce their rights on such property. They can send a legal notice, demanding their rights on the property, or can file a suit for a partition of the property.
There are instances where a person (Karta of the family) can sell an ancestral property. It can be sold for legal necessities such as-
- payment of any MORAL debt,
- maintenance of the family,
- during any financial distress of the family,
- any funerals, or
- any family celebrations that incur huge amounts of money,(to name a few legal necessities.)
In such cases, for legal necessities, the Karta can sell the ancestral property without the consent of the successors.
Hope this helped!
Regards,
Nandini.
