sell of ancestral property

The buyer can buy undivided share and can partition the same from other cosharers at a later date,  hence the seller,  if having a right to sell the undivided share can proceed 

Yes, co-sharer can sell his undivided share to buyer and later on buyer can seek partition of property.

If the share in the property is not specified what will buyer buy, better to make a partition or let all the co sharers execute sale deed and all of them signing it with a simultaneous relinquishment deed from the seller in favour of other co sharers

The buyer has to approach court for partition.

Buyer can purchase undivided share out of the joint property and lateron file suit for possesson against all lthe coparceners.

Maloji Rao Ghodkar, Advocate

Dear Kalyani,

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

The short answer to your query is YES. One co-sharer can sell his land to the extent of his property for his needs.

First, let us understand the definition of an ancestral property. Ancestral property laws are governed by the Hindu Succession Act, 1956. This act defines an ancestral property as any property that has been passed on for four generations by male ancestors. This property should not have been partitioned, sold, or divided during this time as doing so will lead to its loss of status as ancestral property.

The four generations of successors shall be the coparceners to this property, meaning they will have equal rights of claim over this property. Any one coparcener cannot sell this property without obtaining the express consent of all the coparceners of an ancestral property. Therefore, you cannot sell an ancestral property without the consent of all the legal successors of the property.

But you may file a partition suit in a civil court seeking partition of the property so that you may get your share of the property demarcated by the Court. Once this happens, the property will lose its status as an ancestral property and will be considered as a self acquired property from now on. The owner of a self acquired property has complete ownership rights over this property, meaning that the owner may sell the property to anyone he chooses and no legal objection can be raised by anyone on this. A partition suit must be filed within twelve years from the date of claim of the said property as per the Limitation Act, 1963.

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

Regards,

Aadil