There are misconceptions about selling a property. Therefore people tend to ask can my father sell his property without my consent. If a father possesses a property that is self-acquired or if a property is gifted to him, he has the power to sell the property with the consent of the sons. A father needs to take the consent of the sons if the property he possesses is considered an ancestral property.
When can you consider property as ancestral?
A property is considered ancestral if it was possessed by four generations of a family lineage. For example, if a person possesses an ancestral property it must pass through his grandfather's father to him.
The property which is divided cannot be considered ancestral.
Properties that are received through gifts or will not be considered ancestral.
Can father sell property without consent of son?
According to Hindu law, an undivided property that is passed to the next four-generation cannot be sold without the consent of the sons.
But there are some terms and conditions on the basis of which an ancestral property can be sold:
Ancestral property can be sold if there is evidence related to financial emergencies.
If a son dies the father can sell an ancestral property to pay debts or pay expenses for a member who is sick in the family.
If a father cannot provide a valid reason to sell the ancestral property without the consent of the son, the property can be claimed by filing a suit in court.
Hope this answers the question “can my father sell his property without my consent”.
Also Read:
The difference between Self acquired property and ancestral property.
Let me tell you about one incident. One of my friend's fathers sold the ancestral property to a third party without the consent of other family members. But we all know you can’t sell the ancestral property without the consent of the successors or family members. Later this act landed him in legal trouble. So you must know selling a property without the consent of other family members might not be the best idea. But there are various cases. I would like to come to them and answer your question as well: can father sell his property without consent of son.Verify properties from NoBroker before investing to stay away from legal issues.
Can father sell own property without consent of son?
Yes, he is allowed to do so. The property in his possession is an actual property that he owns entirely rather than inherited. If your father received it as a result of a will. Then it became a non-negotiable asset. Your mother, sister, and you have no claim to your father's property. He can even sell it to a third party without your permission, as it is not needed by law. Now you know can father sell his property without consent of son in India.I must thank Suryansh for explaining the concept in detail.
How to challenge property sold by the father?
To assert your right, you must investigate your grandfather's will, which favours your father and look for ways to challenge it.
As a result, your father's absolute ownership of the land will be questioned.
However, it also allows your father's siblings, if any, to receive their part.
If there is no will or if your father is the sole person named on the will, your father can sell the property without your permission and you will not be entitled to a portion of the selling income.
Can my father sell his property without my consent?
Self-acquired:
If the property is self-acquired and details of your father’s ownership are mentioned in the Title Deed. Your father has absolute ownership of the property. He does not need the consent of any family member including his son to sell the property. Ancestral Property :
If the property is ancestral in nature then you are entitled to a share of the property. All Class 1 legal heirs are successors and will have right over the property. To answer your question ‘can my father sell his property without my consent. The answer is no, your father cannot legally sell your share to any person. If your father is about to close the sale of the property then you can file a case of permanent and mandatory injunction against him.
Minor :
If the successor is minor then the father will have to take permission from the court, in incase he wishes to sell the property. This mechanism protects the rights of minors until they are of age.
Can a father sell his property without consent of son depends on various factors. Let me list these factors out for you:
If your father is the sole owner of the property, he has the legal right to sell the property without the consent of his sons and daughters.
If your father has self-acquired property, meaning he purchased using his own funds, he has the sole right to sell it without your consent.
If your father owns ancestral property, your consent might not be required, but you might have a right to a share in the sale proceeds. This should help you know more about can father sell property without consent of son in India or not.
If any property is gifted to your father by someone (including your grandparents), the terms of the gift deed will decide whether he can sell it without your consent.
If you and your father jointly own the property, he can not sell it without your consent (whether a son or daughter).
If the property is jointly owned, both co-owners typically need to be involved in the sale process.
If there is a dispute within the property, the matter might end up in court. In such cases, legal proceedings will affect your father's ability to sell the property without resolution.
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When can you consider property as ancestral?
Can my father sell his property without my consent?
Gautam
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September 28, 2021
2021-09-28T17:10:51+00:00 2021-09-28T18:09:04+00:00Comment
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