How to Get Your Share in Ancestral Property?

Dev Singhraha

Relocation Expert

Let us first understand two kinds of property which are self-acquired property and ancestral property.

Self-acquired property

It can be brought by an individual from his own resources or acquired as a part of the division of ancestral / coparcenary property.
It also includes property obtained through a legal heir or by will or a gift deed.

Ancestral property

It is such a property which has been inherited from your forefather up to four generations.
Before 2005 only male members were entitled to the share but later on due to new amendments in the Indian laws daughters too are now entitled to the equal share in the property.
Right to a share in the ancestral property is implied from the birth itself unlike other forms of inheritance where legacy opens upon the death of the owner.

Once the difference between both the kind of property is clear there arise many questions relating to ancestral properties which are answered below:-

Can ancestral property be sold by the head/Karta?
As per the Hindu undivided law, the head of the Hindu undivided family has the power over family assets as per the law. But he does not have absolute right and power over the coparceners share, right, title and interest in property or any such asset, but during certain rare and exceptional circumstances like family distress, benefit of family, to carry out some religious work or as per any court orders the common property could be disposed off by the head/Karta.

Can the ancestral property be sold by a coparcener?
Yes, coparcener can sell the ancestral property but valid only up to his share in the property. The head of the family has the right to decide when to dispose of off the share to all the coparceners. If the coparcener does not get his share he has the right to file a suit for the partition.

Legal remedies for violations of rights over the share in the ancestral property?
If the coparcener’s rights are violated in the share of ancestral property he can send a legal notice to the erring party [head/Karta]. An aggrieved person can also suit for partition in the civil court claiming his share in the property. An aggrieved person can also opt for an injunction from a court in the same suit so that the properties are not sold when the matter is sub judice. If the property has been sold without the consent of aggrieved person then he can add buyer as the party in the suit and claim his share in the property.

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