In India, the concept of coparcenary ownership applies to ancestral property. This means that sons and daughters inherit an equal share of ownership along with the father upon inheritance. Coparceners have the right to occupy, use, and enjoy the benefits of the property, and any decisions regarding its sale or disposition must involve the consent of all legal heirs who inherit the property by virtue of birth, including sons and daughters. Due to coparcenary ownership, selling ancestral property is more complex than selling self-acquired property.

What is the difference between Ancestral Property and Self-acquired Property?

  1. Ancestral Property: The inheritance of a father from his father, grandfather, or great-grandfather is known as ancestral property. A legal sale usually requires the consent of his sons and daughters. Thus, it is jointly owned by all descendants, including the son and the daughter.
  2. Self-Acquired Property: When the property is purchased by the father himself using his own funds. The father is considered to be a sole owner of the property and can sell the property without the son’s consent.

Exceptions for Ancestral Property

There are some limited conditions where a father can also sell the ancestral property without consent:

  1. Legal Necessity: If the father can prove, before the court, that he is selling the property for some valid legal necessity, such as paying off a debt to avoid foreclosure or covering critical medical expenses for the family.
  2. Minor Son: The father can sell the ancestral property if the son is a minor in age. However, this requires approval from the court.

What are the rights of a son if Property is sold without consent?

The son has the right to challenge the sale in court by filing a suit for partition and claiming his rightful share in the property or seek to declare the sale deed null and void.

Legal Consultation for the matter:

The laws related to the ancestral property transfer are a bit complex in nature; it’s always advisable to consult with a qualified legal professional for some tailored guidance as per the circumstances. We at NRI legal advisory, a team of qualified legal experts can guide you with the complexities and the potential course of action as per the requirement.

Also Read: Can a Daughter Claim Father’s Property in India?

Frequently Asked Questions

1. Can a father legally sell property without his son’s consent in India?

Yes, a father can sell self-acquired property in India but if the property is ancestral the father can’t sell the property without the son’s consent.

2. What are the rights of sons in preventing the sale of family property without their consent?

The son can appear before the court if the ancestral property is sold without the consent of the adult son and seeks to make the sale deed null and void.

3. How can A&A NRI Legal Advisory help sons safeguard their interest in family property transactions?

Our team of NRI legal experts at A&A Legal Advisory can provide tailored guidance on ancestral property rights in India, ensuring you receive your rightful share.