Skip to main content

Can ancestor's property be sold?

 Can ancestor's property be sold?

Property is defined as a thing belonging to someone; possessions collectively, considering it is an important area, it has some special laws known as property law. Property law is the area of law that governs the various forms of ownership in real property and personal property.

Property can be tangible or intangible. Intangible property includes intellectual property rights. Property can be exchanged through contract law and if the property is violated one could sue under tort law to protect it. Property laws are related to principles, policies, and rules by which property disputes are resolved and which property transactions may be structured.

Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England.

Under the Indian laws, the assets earned by a Hindu or inherited from anyone except his father, grandfather, or great grandfather are treated as personal assets.  The assets which are received from the ancestor are known ancestral property. 

There is a huge difference between ancestral property and self-acquired property, ancestral property under Hindu law is known as coparcenary property. In 2005, after the amendment girls were given rights over the ancestral property, so that receive equal rights with male members known as coparceners. On the other hand, the self-acquired property is purchased by the person from his property.

The question arises, can one sell the ancestral property as Karta?  to understand this question one needs to understand the meaning of Karta. Karta is considered the head of the family, Karta has the power to manage the family and decide the assets of the family. He might have ample rights but he doesn't have complete independence. 

Some provision does state that Karta can sell the ancestral property of HUFs mentioned in mitakshara. He can sell the property in the stress of distress, for the benefit or sake of the family and Karta can sell for religious purposes.

The second question, arises is that can one sell the ancestral property as a coparcener, a coparcener is free to sell his share in the ancestral property for selling, the coparcener needs to take out his share in the property. To know one's share the coparcener should file for the partition at any point of time, it is the coparcener's choice to decide as to when he wants to conclude that status of the jointness and get separate in the property.

This concludes that Karta can sell the ancestral property but the coparcener can sell after the partition of the property.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...