Rule of partition in hindu law

Niranjan Kumar (Querist) 25 September 2021 This query is : Resolved
My father had sold some land to pay some personal loan of a elder son. The fact is mentioned in the registered sale deed. I want to know that during partition, such portion of land can be reduced in the share of elder son or not?

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When ancestral property is sold by a father to pay off an elder son's personal loan, it raises questions about partition. Under Hindu law, a father generally cannot sell ancestral property without a formal partition or court order. If the property is indeed ancestral and undivided, the portion sold illegally can typically be deducted from the father's share during a subsequent partition. Any loss incurred by the father due to this illegal sale should be adjusted from the elder son's rightful share.

kavksatyanarayana (Expert) 25 September 2021
You have not mentioned whether it is ancestral or self acquired property. At the time of Partition, the land that exists shall be divided.

Pradipta Nath (Expert) 25 September 2021
Please mention the detail.

Niranjan Kumar (Querist) 26 September 2021
Sorry. It is ancestral.

K Rajasekharan (Expert) 26 September 2021
Your father has no right to sell any part of the ancestral property to anyone unless it is divided on mutual consent of parties or under court order. The only thing he could have done was to sell his share of the property to any other person.

Now in order to divide the property if all legal heirs are ready to arrive at some mutually agreeable terms, then there is no problem.

Otherwise, the portion already sold on behalf of your brother’s debt must be deducted from your father’s share as he illegally sold it. The loss your father suffers has to be adjusted form your brother’s property.

P. Venu (Expert) 26 September 2021
How is that the property is ancestral?

SHIRISH PAWAR, 7738990900 (Expert) 26 September 2021
Hello,

The property is ancestral and there were no partition of property so the sold portion of the property can be adjusted from father's share in the property.

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