How to Sell Ancestral Property?

Selling ancestral property in India involves several legal and procedural steps. It is because the ownership and rights to such property can be complex. Ancestral property typically belongs to all legal heirs. Ensure that you understand who the legal heirs are, as all must agree to the sale unless specific provisions are in place. If the property was inherited without a will (intestate), all legal heirs have equal rights. If there’s a will (testate), follow the will’s provisions. Here’s a step-by-step guide on how to sell ancestral property in India:

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• If there’s a need to establish rightful heirs, get a legal heir certificate from the local revenue office or the court. 

• Get property documents in order, including

  • Title Deeds: Ensure you have all original documents, such as the title deed, encumbrance certificate, and previous sale deeds, as a proof of ownership.

  • Property Tax Receipts

  • Land Records: Check the land records and make sure the property is free of disputes and legal issues.

• Assess the market value of the property by comparing it with similar properties in the area.

• If multiple heirs are involved, reach a mutual agreement on the selling price.

• If there are multiple heirs, all must consent to the sale. You can draft No Objection Certificate (NOC) signed by all parties involved.

• Draft a sale agreement via NoBroker

  that outlines the terms of the sale. 

• Once the sale agreement is finalised and payments are made, draft a Sale Deed.

• After this, hand over possession of the property to the buyer. It’s advisable to document this handover in writing, stating the date and any other relevant details.

I hope you also understand the documents required for selling ancestral property.

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India has witnessed a lot of changes in the field of law. As a lawyer myself, I am proud to tell you that not only men but also women now enjoy the right to ancestral property as per Hindu Succession Act, 1956. I can tell you how to sell ancestral property in India. Let me share all the relevant details associated with ancestral property selling here.

How can I Sell my Ancestral Property?

To sell your ancestral property, you will need to acquire the consent of all the successors. Without their consent, the property cannot be sold. However, such property can be regained by filing a suit for the partition in court. Once you get it right, you can sell your property. 

Similarly, if part of the share is denied, you can send a legal notice demanding your rights. In case of any conflict where you fail to acquire the consent of other sucessors, it is better to involve a lawyer and follow his/her instructions. 

Once you get your share, it will be your self-acquired property, and you can sell it by following a few steps:

• Gather all your property related documents, like sale deed, tax receipt, title deed and others

• Conduct a title search

• Draft a sale agreement

• Register the sale deed

• Handover the possession and finally 

• Update the records

Under Muslim law, the concept of ancestral and self-acquired property is not recognised. As long as the person is alive, the property he owns is his sole property and no one has right over it until his death. The same goes for Christians as well.

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Hi,

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Only under specific conditions are people in India permitted to use and sell their ancestral properties. An ancestral property is one that has been inherited from ancestors or at least four generations of male lineage, as opposed to a self-acquired property that is bought with one's hard-earned money. Real estate inherited from the maternal family is not, however, regarded as ancestral property. Prior to a law modification in 2005, only sons were permitted to inherit these lands, but now even females are permitted an equal portion. Get some crucial information regarding selling an ancient home by reading on.

Anyone with a share of an ancestral property may sell it. But first, he or she must obtain possession of the property in order to sell it. Also, a co-owner cannot sell a joint property without the consent of the co-heirs owner's or other family members.

In addition, a HUF (Hindu Undivided Family) head, or Karta, can manage the property and sell it under specific conditions, such as hardship and for the benefit of the family. But, because each co-owner is entitled to receiving a piece of the property, this does not imply that he or she has a separate claim to it.

I hope this answers your question.