Rajavardhan 18 February 2021
Vasundhara Singh (Student) 04 June 2021
Hello, Greetings of the day!
If the property is the ancestral property, then all the co parcenars have an equal right to it under the Hindu Succession Act, 1956. The property belongs to the Hindu joint family and a coparcenar cannot claim a right on the property until unless the partition has taken place.
In your query, if the property is ancestral, then the father has no right to sell the property without partition. He has the right to sell his share which can be made definite after the partition as there an be no pre decisions on the share of the property. If any coparcenar sells the property without the consent of other co-parcenars, then the others have the right to claim the property if they are majors. If any coparcenar is minor during the sale of the property, he or she can claim the property after attaining majority.