in5points
LifestyleMint

Can my father sell ancestral property without my consent?

in5points
  1. Under Mitakshara Hindu law, property inherited from a father may or may not be ancestral/joint family property, depending on its original mode and transmission.

  2. If the property qualifies as ancestral, children acquire an undivided interest by birth as coparceners in the Hindu Undivided Family (HUF).

  3. Daughters have equal coparcenary rights by birth under the Hindu Succession (Amendment) Act, 2005, as affirmed in Vineeta Sharma v. Rakesh Sharma (2020).

  4. As Karta of the HUF, the father cannot sell ancestral property without consent of other coparceners, except for legal necessity or benefit of the estate.