RajeevS 08 February 2024

Ancestral property question

Hi,

My grandfather had a property (land) that was divided amongst all his children post his demise.

Each of his children got a sale deed registered in their name, for the share that they got during the partition.

My father is now trying to sell his portion but has been met with an 'Objection to Sell' in the registrar's office. The objection has been filed by one of his siblings. The reason provided in the objection is that this is an ancestral property & hence it cannot be sold.

Can someone pls advise if this is indeed an ancestral property? Our understanding is that it is not, since my father has a Sale Deed in his name after the property partition.

Can sale of his property be indeed halted? What are the next steps to be taken by my father to ensure that he is able to sell it?

Thanks.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 08 February 2024

It is not an ancestral property, besides that person has to approach court only and not the registrar's office, hence the registrar can very well reject his objections.

ASHOK KULKARNI 09 February 2024

what is difference between ansisteral property and joint family properties

T. Kalaiselvan, Advocate (Advocate) 09 February 2024

Ancestral property is inherited from a paternal ancestor, while joint family property is acquired by the joint efforts of the family members or through individual coparceners without the aid of ancestral property but treated as property of the whole family.

The general doctrine of Hindu law is that property acquired by a karta or a coparcener with the aid or assistance of joint family assets is impressed with the character of joint family property.

In order to constitute a Joint Hindu family the existence of any kind of property is not required whereas in Coparcenary there is an ancestral property right

RajeevS 13 February 2024

Thank you Sir for your clarification. Unfortunately, my Uncle has bribed the sub-registrar (he has accepted it himself) and the sub-registrar is giving us a tough time in not even wanting to see our papers.

Looks like we have to goto Court now.

I have one more question - if the Court rules in our favour, is it possible for a different person to put a similar case so that the case goes on dragging for years in the Courts?