Difference between Personal And Real Property

There are two types of property under the Hindu law

Ancestral Property and Self-acquired property

As per the Hindu law, ancestral property can also be termed as coparcenary property. After the introduction of the amendment of 2005, daughters of a Joint Hindu family will also get an equal part in the property same as their brothers.

• Self- acquired property is any property purchased by a person from his own money or it can be any property which was acquired by him as a share of his ancestral property. 

The ancestral property is the kind of property, where every coparcener has equal rights over the property, and every decision regarding such property will be made through discussions with the coparceners and a coparcener cannot make any decision on his own prior to the division of the property, while a self-acquired property is one’s own private property and decisions regarding it could be made by the owner only, including division of such property through a will.

Can a Karta sell his ancestral property?

• The karta of a Hindu undivided Family(HUF) will have the power to manage the family  property and its assets as per the Hindu Law.
• But the Karta will not have a complete independent, individual ownership over the ancestral property as each coparcener will have an equal share, rights and interest over the ancestral property. 
• As per the Mitakshara family law, as has been provided under some provisions of the law, ancestral property can be sold by the Karta, under following conditions-

• During a period of distress
• For the benefit of the joint family 
• For a holy purpose like a religious work

• The distress period as has been mentioned above must be something affecting the whole family.
• By the term benefit/sake of the family- may include maintenance of the home, or it may also include other situations where selling such property is for the benefit and necessity of the family.
• The ‘holy purpose’ mentioned above, shall imply essential acts of duty including  obsequies of the ancestors, etc.

If ancestral property can be sold as a coparcener ?

1. A coparcener will be able to sell his share of interest in the ancestral property. For the purpose of selling his property, the coparcener would have to separate his share of property from his ancestral property. 
2. As has been provided by the law, even when someone has bought a share of interest  from the coparcener, he can not force the coparcener to file for partition, to decide when he wishes to separate from the property shall be his own decision with his free consent

Important Facts about Ancestral Property

In case of an ancestral property, the right to  property is gained by birth.

• Coparceners will be able to apply for partition and the sale of the property under their share of the ancestral property.
• The property of the ancestors could be sold only by the consent of the successors, if such is not the case, these properties could not be sold.
• In case a property is not divided by the members of a Joint Hindu Family, such property will be considered as an ancestral property.
• After the division of the ancestral property, property so gained shall be considered as the self-acquired property of the coparcener. 

Conclusion

From the above discussion, it could be deduced that under the Hindu Law, the property in case it is an ancestral property, could not be sold, merely because you wish to sell it, various legal conditions are involved with it, therefore it will be in the interest of the seller to seek legal advice from experienced property lawyers before deciding to sell the property. 

Also, as has been provided by the law, one can sell his self-acquired property as he wishes, as the property is his personal property and could be disposed of as per his wishes. However, before deciding to sell a particular property, it would still be in favour of you to seek legal guidance from an experienced property lawyer near you, before deciding to sell his or her property.

Lead India offers you a wide pool of experienced advocates who have been successfully dealing  with cases related to partition, sale deeds, etc. Therefore, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.