Preventing family members from selling ancestral land

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Q.

Preventing family members from selling ancestral land

Hello Sir/Madam,
I am looking for legal options that are available to prevent sell of ancestral agricultural land by other family
members. To receive best consultation I would like to provide additional details below:
++ Issue ++
We are four brother and my parents are still alive. One of my brother is somehow convincing my parents to sell
agricultural lands we own. And, they have already sold some part of land in past for various reasons such as
repair/extension of house/marriage of brother's daughter. They also keep all the earning from agricultural yield
and we don't have any objection till date on this matter. However selling of land is cause of concern for me since
it was ancestral property which my father got from grandfather. I tried to settle this matter with discussion but I
was not able to convince them on not selling it. Just in case if it helps, I provide monetary support to my parents
all the time for their illness and smaller financial needs. Please note that land is located in Bihar and it is an
agricultural land.
Could you please advice me whether I can resolve this issue legally or not? If yes then can you please provide
brief description on legal options that I can avail them to stop selling the ancestral land.
Asked 10 months ago in Property Law from Singapore

A.

1. Well this is pretty much common ailment afflicting most of the joint households.
2. It is true that your father can not unilaterally sell the ancestral properties though he is very much within rights
to do so as far his self owned properties are concerned.
3. Since here you are concerned about the ancestral properties then immediately file a suit for partition wherein
you can claim your dues share the list of ancestral properties.
4. The to ensure that the said properties may not be sold during the pendency of the suit to frustrate your claim,
you seek injunction in the same suit as well so the court puts a restraint order in place so no property may get
sold as long as the suit is not decisively finished.

Devajyoti Barman
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Advocate, Kolkata
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A.

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Preventing family members from selling ancestral land

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1. People have misconception about ancestral property,

2. A property is called ancestral property to the great grand son if the title of the property flows uninterupted
from his great grandfather,
3. So, if the property was self acquired by your grand father, then it is not an ancestral property to you,
4. In the above case, your father can do whatever he wants to legally do with the said property and in that
event your taking care of him is irrevalent in the subject case,
5. If the said property was self acquired by your great grandfather and its title still flows uninterupted without
any sale deed/partition deed/gift deed/ settlement deed or will, then it is an ancestral property on which you
also have share which your father can not deal with without your consent.

Krishna Kishore Ganguly

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Advocate, Kolkata
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A.

1) Ancestral Property is a property that has remained unpartitioned in the family for 4 generations. In simple
words if a person holds a property which from his great grand father came in his hand down the line will be
considered an ancestral property

2) merely because your grand father owned agricultural land would not make it ancestral property .
3) i presume it was self acquired by your grand father .
4) your father is entitled to sell the land he inherited from your grand father without your consent and that of
your siblings

Ajay Sethi (/lawyer/ajay-sethi)

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Advocate, Mumbai
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A.

1. This property, if purchased by your grand father, is not ancestral in nature. For a property to qualify as
ancestral property it should originally have been purchased by the great grand father of the person claiming to
have a share in the property, coupled with the absence of division or severance of joint character of the
property till the fourth generation traced upwards from the original owner of the property. A property can be
termed ancestral property only and only if it passes this twin test. When judged on this touchstone of law, the
property you have referred to fails the twin test.
2. Your father has inherited the land from his father. He has the indisputable right to sell the land according to
his wish.
3. That you provided monetary support to your parents when they were ill is not a ground on which you can
stop them from exercising their legal rights.
4. In the event you can show that the property was originally purchased by your great grand father you may
apply for a stay order against the sale.
(/lawyer/ashish-davessar)

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Ashish Davessar
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A.

hi
1. since it's your father's inherited property and not an ancestral property right of share in the property comes
only after your father's life.
2. Your father has the right to disperse it as he likes , sell or transfer, gift.
3. There is no legal specific legal relief you can obtain in this regard as your grandfather acquired this property
and passed to your father.convince your father about it against alienating it.

Thresiamma G. Mathew
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Advocate, Mumbai
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A.

Please do understand the difference between self acquired property and Ancestral property.
Self acquired property is any property purchased by an individual from his resources or any property he
acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any
Testamentary document such as Will etc.
Ancestral or Hindu coparcenary property refers to any property acquired by the Hindu great grand father, which
then passes undivided down the next three generations up to the present generation of great grand
son/daughter
1. Ancestral property should be four generation old,
2. It should not have been divided by the users in the joint Hindu family as once a division of the property
takes place, the share or portion which each Coparcenar gets after the division becomes his or her self
acquired property.
3. The right to a share in ancestral or coparcenary property accrues by birth itself, unlike other forms of
inheritance, where inheritance opens only on the death of the owner.
4. The rights in ancestral property are determined per stripes and not per capita. This means that the share
of each generation is first determined and the successive generations in turn sub divide what has been
inherited by their respective predecessor.
5. Properties inherited from mother, grandmother, uncle and even brother is not ancestral property. Property
inherited by will and gift are not ancestral properties.
Tips :Ancestral property
Before amendment 2005 Hindu Succession Act (https://www.kaanoon.com/indian-law/hindu-successionact/),1956
Male Coparceners were entailed to get share in the property (not female members)
After amendment 2005 Hindu Succession Act (https://www.kaanoon.com/indian-law/hindu-successionact/),1956
Daughters too will be considered Coparceners of the Joint Hindu Family entitled to equal share as the sons the
male Coparceners.
With out getting a correct information about the transaction of the property from your grand to your father, it is
unable to provide a correct advice
(/lawyer/ajay-n-s)

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Ajay N S (/lawyer/ajay-n-s)
Advocate, Ernakulam
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A.

Hello,
1) Assuming that the property is ancestral in true sense of the term you can get an injunction from the court to
restrain your father or the siblings from alienating the property..
2) If on the contrary the the property was self acquired by your grandfather and inherited by your father from
him he has absolute rights in alienating the property without any consent or consultation from any of his
children and unfortunately you have no legal remedy to stop him from doing so.

S J Mathew (/lawyer/s-j-mathew) (/lawyer/s-j-mathew)

Advocate, Mumbai
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A.

Hi, as the property is an ancestral property they can't sold the land without all the consent of the family
members you have to challenge the alienation made by your father or brother before the civil court on the
ground that it is neither for family benefit and you have right over the property and also file a suit for bare
injunction restrain they to alienate to third parties.

Pradeep Bharathipura
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