Alienation of interest

adv.durgadas k.kulkarni (Querist) 23 October 2013 This query is : Resolved
Father having a big plot,but he doesn't allow his only one son to develop it.Son wants to alienate it to developer.
Can son sale his share without the consent of his father as per Hindu Law?

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ajay sethi (Expert) 23 October 2013
you have not mentioned whether it is father self acquired property or not .

if it is father self acquired property son does not have any right to sell the said plot of land

Rajendra K Goyal (Expert) 23 October 2013
Full facts have not been given.
In the self acquired property of father son has no interest in it during his life time.

R.K Nanda

(Expert) 23 October 2013
agree with experts.

adv.durgadas k.kulkarni (Querist) 23 October 2013
It's not a self acquired property of father, it is ancestral property.son want's to develop some portion of the plot,but father not consenting him.ownership of the plot is in the name of father.

Devajyoti Barman (Expert) 24 October 2013
Son can not do so with regard to whole property as his father has share in it.

ABDUL RAZIQUE (Expert) 24 October 2013
Ancestral Properties are generally known as Hindu Undivided Family Properties (HUF Properties). Such properties are inherited by a male Hindu from his forefathers. Apart from this separate/individual property (including self acquired properties) of male member of HUF thrown into common stock of the family; and properties acquired or purchased with joint efforts of family using HUF properties may also be considered as HUF properties.

Generally senior male member of HUF acts as Karta (Head) of the joint family. Karta can sell the property owned in the name of HUF only in case of legal necessity for family needs and for benefit of the estate. However, it may be possible that, in future, such sale can be challenged.

Sarvesh Kumar Sharma Advocate (Expert) 24 October 2013
Agree with above views.

Rajendra K Goyal (Expert) 24 October 2013
Nothing more to add.

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