Rajavardhan 18 February 2021

Rights on ancestral property to daughter and son

we have total 4 acres in one mandal and 7.5 acres in another mandal. my dad sold 1 acre land out of total 4acres in first mandal in 2002 which is road side bit and it was sold with out consent of me and my sister.we both were majors by that time. sold land worths allmost 10 times compare to another mandal of unsold 7.5 acres Land. My father did not make any partition even till today. Mt father made 3 acres on my name from mandal 2 land of 7.5 acres which is not much worth land. my father sold to his brother's son only. can i or my sister claim it back as he sold with out consent of us and w/o partition. we can give him 1 acre in another mandal but not roadside bit.

Reply Follow

1 Replies

Vasundhara Singh (Student) 04 June 2021

Hello, Greetings of the day!

If the property is the ancestral property, then all the co parcenars have an equal right to it under the Hindu Succession Act, 1956. The property belongs to the Hindu joint family and a coparcenar cannot claim a right on the property until unless the partition has taken place.

In your query, if the property is ancestral, then the father has no right to sell the property without partition. He has the right to sell his share which can be made definite after the partition as there an be no pre decisions on the share of the property. If any coparcenar sells the property without the consent of other co-parcenars, then the others have the right to claim the property if they are majors. If any coparcenar is minor during the sale of the property, he or she can claim the property after attaining majority.

Best Regards,

Vasundhara Singh

Law Student