Legal Question in Real Estate Law in India

Re: Ancestral Property Rights

Dear Gentleman:

Answer to your question depends upon the religion you follow. In case of a Hindu a): Before father, with minor sons and daughters, can sell the property he needs to have permission from the court showing the family need to sell the property. In absence of that minors may challenge such sale. b) Child conceived in the womb of mother may challenge sale after birth, if permission not sought for sale.

Re: Ancestral Property Rights

presuming that the family is a hindu family,

A. Yes, can sell it as karta for 'Legal necessity' of the fanmily. However, under law permission from court is required for alienation of minor's share in hte property.

B. child born subsequent to alienation will have no right to object the sale taken place prior to his/ her birth.

Re: Ancestral Property Rights

Since you have asked about Ancestral Property Rights I presume that you are a Hindu. (a) Father cannot sell ancestral property when there are minor sons and daughters (daughters have been given the right recently) except for legal necessity and permission of court is necessary for alienation of minor's property (b) when there are no sons and daughters a person can alienate the ancestral property (c) children born after the alienation cannot claim any right. For detailed opinion and to make a valid alienation send email to me giving the particulars.