All You Need to Know about Selling an Ancestral property in India

In India, any property that has been acquired from four generations of male lineage is defined as ancestral property. And, the property acquired from the mother’s family is not considered as the same. Every child has the right over his ancestral property irrespective of gender, age, and other factors. For selling such a property, a legal heir needs to take the permission of other coparceners. However, if the property has been transferred to him/her, then he has the right to sell it. Here, are some interesting facts that you must know about selling an ancestral property in India:

1) Your share in the ancestral property is decided on the basis of your position in the family tree.

2) An ancestral property can be sold or used by you, once you have got it transferred in your name.

3) The head of a Hindu Undivided Family can sell the ancestral property under financial distress or an emergency.

4) A legal heir who has not been given a share in the ancestral property can sue other coparceners in civil court and claim his/her right.

5) The seller of an ancestral property should obtain the property from his predecessor before selling it.

6) In case the title of the property is unclear the seller can prove this by showing a partition deed, legal will, or No Objection Certificate (NOC) obtained from other legal heirs.

Conclusion- In India, an heir has the right to sell his ancestral property only under certain circumstances. However, in case of any emergency or distress, the head of a Hindu Undivided Family (HUF) can sell it. All the above-mentioned laws are equally applicable to those belonging to Sikh, Jain, or Buddhist communities. But properties acquired by Muslims are governed by Sharia.

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