In every family, ancestral land or house holds an emotional and legal significance. This property has gone from generations and symbolizes the economic, social and cultural heritage of the family. Often when family partition or any need Selling ancestral land or house When it comes to, many types of questions arise – is it necessary to allow all heirs?
Who are legally stable in it? What if a member lives outside or a minor? Knowing the answers to such questions is necessary for every property owner and heir, so that there is no dispute or legal problem in future.
In India Ancestral property Misconceptions are also seen many times about the rights and sales. Many people think that if they have land or houses in their name, they can sell it whenever they want. But in reality the law is quite strict and clear in the case of ancestral property. Before selling the property, you have to follow some necessary legal procedures and it is mandatory to take the consent of all the shareholders.
If a single shareholder Not taken permission If gone, sales can be considered illegal and the matter can go to the court. In this article, we will tell you in simple language that whose permission is necessary to sell ancestral land or houses, what the laws related to it say, who is a shareholder, and what is the entire legal process of sales. Also, we will also understand how the rules can change in different states and what documents are necessary.
How to sell ancestral property?
The ancestral land or house is the property that has been going on for four generations in the family. Usually, this property gets automatically, without a will, to the next generation. Not only one member’s will is enough to sell it, but the written consent of all legal heirs is necessary.
If a member sells ancestral property without the permission of the remaining stakeholders, the rest of the heirs can go to the court and challenge the sales. The court can also cancel such a deal. Therefore, it is necessary to take the consent of all the stakeholders to be legally safe.
Ancestral property law law
| point | Description |
|---|---|
| Definition of property | Ancestral land |
| Main law | Hindu Succession Act 1956 (2005 Amendment), Indian Succession Act 1925 |
| Who is the shareholder | All legal heirs – sons, daughters, wife, mother, etc. |
| Consent is necessary | Written consent of all stakeholders mandatory |
| Minor | Court permission is required on the minor’s part |
| Division necessary | Sales possible only after mutation in many states |
| Document | Bantwara letter, consent letter, support-kharij, lineage, registry papers |
| Court intervention | Case can go to court on sale without consent, the deal may be canceled |
| Women’s rights | Daughters also have equal rights from birth (after 2005 amendment) |
| Special state rules | Different procedures in some states (eg Mutation required in Bihar) |
Necessary legal process for selling ancestral property
1. Identify all stakeholders
First of all, find out who are legally stakeholders in the property. It may also include sons, daughters, wife, mother, and sometimes grandchildren.
2. Take written consent of all shareholders
It is necessary to take NOC – No Objection Certificate from all the stakeholders. If a shareholder is abroad or in touch, an application can be made in the court for his consent.
3. Case of minor stakeholders
If the age of a shareholder is under 18 years of age, the court permission is necessary for the sale of its share.
4. Property distribution (mutation/filing-referred)
In many states, especially in Bihar, Uttar Pradesh, Madhya Pradesh etc., it is necessary to get it divided before selling ancestral property. Only after partition can every stakeholder sell their share of property.
5. Prepare documents
- Consent letter (NOC)
- Bantwara letter/mutation certificate
- Genealogical certificate
- Admissions
- Registry’s old paper
- Identity card (Aadhaar, PAN etc.)
6. Registration of sale
After all the documents are ready, go to the registry office and complete the sale process.
7. Court advice (if there is dispute)
If a shareholder is not consent or has any dispute, then a solution can be taken by going to court. The court order will be considered final.
Who are partners in ancestral property?
- Sons and daughters (equal rights to daughters after 2005)
- Wife
- Mother
- Grandson (if there is no son/daughter)
- Sometimes siblings (if not parents)
Important:
- If the property belongs to the Hindu joint family, then all the communal has the right.
- Different succession laws apply in Muslim, Christian or other religions.
Rights of women and daughters
After the 2005 amendment, daughters have also got equal rights in ancestral property since birth. That is, daughters will also be considered partners and taking their consent is as important as sons.
- Married daughters also get a share in property.
- If the daughter is a minor, the court permission is necessary for the sale of her share.
- If the daughter lives abroad, her written consent will have to be obtained.
Special rules as per state
Bihar:
- Partition and filing and dismissal are necessary before selling the land.
- The land cannot be registered without mutation.
Uttar Pradesh, Madhya Pradesh, Rajasthan:
- Sales are valid only after mutation in many places.
- The consent of all the stakeholders is necessary.
Other states:
- Some states may have different processes, such as court permission, panchayat consent etc.
Advantages and disadvantages of selling ancestral property
Benefits:
- Family members may get financial help.
- Property sharing reduces disputes.
- Sales are safe after the legal process.
Loss:
- Emotional engagement may break.
- If there is a sale without consent, then the threat of the court.
- The possibility of dispute in the family may increase.
Necessary documents related to ancestral property
- Genealogical certificate
- Mutation/Dakhil-Kharij Certificate
- Consent of all stakeholders (NOC)
- Identity card (Aadhaar, PAN)
- Old registry paper
- Bantwara letter (if it is done)
- Court order (if there is any dispute)
What will happen when selling ancestral property without consent?
If ancestral property is sold without the consent of any one or some shareholders, the rest of the shareholders can go to court and challenge sales. The court may consider such a deal illegal and cancel. Also, the buyer may also suffer losses as the dispute over property will remain.
Important decisions of Supreme Court and High Court
- The Supreme Court has clarified many times that the consent of all the stakeholders is necessary for the sale of ancestral property.
- If a member does not agree, his share cannot be sold.
- The court has also said that every stakeholder can sell its share of property independently after the partition.
Frequently asked questions (FAQs)
Q1. Is permission of all siblings necessary to sell ancestral house?
Yes, written consent of all shareholders is necessary.
Q2. If a shareholder is abroad?
His written consent (NOC) or Power of Attorney is necessary.
Q3. What will happen to a minor stakeholder?
The court permission is necessary for the sale of its share.
Q4. Will daughters also get a share?
Yes, daughters also have equal rights after 2005.
Q5. Can property be sold without sharing?
Sales are valid only after mutation in many states.
Step-by-step process to sell ancestral property
- Prepare the identity and lineage of all the stakeholders.
- Take written consent (NOC) from all stakeholders.
- Get Mutation and Refraction.
- Prepare all the necessary documents.
- Complete the sale process in the registry office.
- If there is a dispute, consult the court.
Main law related to ancestral property sales
- Hindu Succession Act 1956 (2005 Amendment)
- Indian succession act 1925
- Muslim Personal Law (Sharia)
- State Land Registration Law
Things to take care of selling ancestral property
- Do not forget to take the consent of all the stakeholders.
- Do check and verification of documents.
- Complete the process of mutation and filing and rejuvenation.
- Set up a case of minor stakeholders through the court.
- In case of any dispute, consult the court.
conclusion
The process of selling ancestral land or house is not easy, but if you adopt the correct legal process and take the consent of all shareholders, it can be safe and controversial. The law protects the rights of all shareholders and provides strict action on selling property without consent. Daughters and women have also got equal rights, so it is also necessary to get their consent. There may be some different rules in every state, so take information about local law.
Disclaimer: This article is only for general information. It is legally compulsory to seek permission from all stakeholders to sell ancestral property and this rule is completely real and applicable. If you want to sell your ancestral property, complete all the legal process and documents, so that there is no dispute or trouble in the future. In case of any doubt or dispute, consult an experienced lawyer or legal advisor.
