Can my father sell ancestral property without consent of Son?
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Can my father sell ancestral property without consent of Son?
Hi, No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.
Is ancestral property can be willed?
No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited.
What are the rights of Coparceners?
Right of survivorship: All the coparceners of a joint Hindu family have a right of survivorship in respect of the joint family property. Thus, if one coparcener dies, his undivided interest in such family passes by survivorship to the remaining coparceners, and not to his heirs by succession.
What is a Coparcener?
Under the Hindu succession law, the term coparcener is used to denote a person, who assumes a legal right in his ancestral property, by birth in a Hindu Undivided Family (HUF). As per the Hindu Succession Act, 1956, any individual who is born in an HUF, becomes a coparcener by birth.
Can a female be a Karta?
Yes! Until January 2016, a woman could not be the HUF Karta. But in a landmark case, the Delhi High Court ruled in favour of a female being the Karta of a HUF. However, the same has not been incorporated in the Income Tax Act as yet.
Is married daughter a legal heir?
Married daughters are included as legal heirs from 2005 as per the amendment in the Indian Succession Act. Married daughters are have equal rights in family property as that of son. Also legal heir certificate will contain name of married daughter also.
Can a Karta of joint family gift Coparcenary property?
The Privy Council, in this case, held that dedication of a portion of the joint family property for the purpose of religious charity may validly be made by the Karta, if the property allotted is small compared to the absolute means of the family. Such alienation cannot be made through a will.
