Quick Answer: Can I Sell Undivided Ancestral Property?

What is undivided property?

UDS or Undivided Share of Land is a part of the plot given to the owner of the flat in an apartment complex on which the entire structure is built.

This share of land has no defined boundaries and each and every flat built on that particular plot will have associated UDS..

Do apartment owners own the land?

Buyers of apartment flats, as a matter of fact, do not buy a structure alone ─ they also buy a part of the land upon which that structure stands as a part of the deal. This ownership over land is known as a homebuyer’s undivided share in the land (USL).

Can you sell undivided property?

If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. Nothing stops you from selling your share but the buyer will have to file a suit for partition to get the possession. … Before that you have no legal bar to sell your share.

What is undivided share in property?

Undivided Share of Land is the individual share of land of each of the buyer of flat /houses in the total land area on which the entire complex is housed.

Can we make will of ancestral property?

No, your father cannot will ancestral property to the sons and all the legal heirs are entitled to an equal share in the property, whether they are sons or daughters. It appears that your grandfather had a freehold property which was not inherited.

Can a father gives all his property to one child?

A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.

Does a wife have rights on her husband’s father’s property?

Wives : A wife is entitled to an equal share of her husband’s property like other entitled heirs. … If the couple is divorced, all issues related to maintenance and alimony are ordinarily decided at the time of divorce, and the wife does not have any right in husband’s estate if he dies intestate.

How does ancestral property become self acquired?

It is helpful to first understand the concept of ancestral property under the Hindu laws. … When a division or a partition happens in a joint Hindu family, it becomes “self-acquired” property in the hands of a family member who has received it.

Do daughters have rights in father’s property?

Supreme Court rules that daughters have equal rights in their father’s property. In its decision, the Supreme Court clarified two points: coparcenary rights are acquired by daughters on their birth; and. fathers need not have been alive when the 2005 amendment to the Hindu Succession Act 1956 was passed.

A karta has power to alienate for value the joint family property in three special cases: legal necessity, benefit of estate or for the performance of indispensable duties. … For these purposes, a karta need not take consent of other coparceners of the family, since he has absolute right to manage the HUF property.

Is it true that ancestral property once divided becomes self acquired?

The prerequisite of an ancestral property is that an ancestral property should not have been divided or partitioned by the family members, as once a division of the ancestral property takes place, the share or portion which each coparcener gets after division becomes his or her self acquired property.

What is the minimum undivided share of land in apartments?

The UDS can be calculated by multiplying the total land area with the size of the individual apartment (3,500*1,000) in this case and dividing the result by the sum of areas of all apartments which is 1,000*5= 5,000. Hence UDS = 1,000*3,500/5,000 = 700 square feet.

How do you divide undivided property?

Alternatives to Divide an Undivided Interest in PropertySell Your Interest or Purchase the Undivided Interests Owned by Others. If you no longer want to be an undivided interest owner, there are several alternatives. … Agree on a Partition of the Land with the Other Owners. … Turn to the District Court to Partition the Land.

What happens if one person wants to sell a house and the other doesn t?

If one wants to sell and the other does not, the one who wants to sell can sell his interest anyway. … If there is a mortgage on the property, the lender will take the property if payments are not made but will not take a 1/2 interest in the property if your brother decides he just does not want to pay any more.

Can HUF gift property to its member?

HUF is a creation of law and cannot be created by the members. … Each member of the HUF has a pre-existing right in the assets of the HUF, and therefore, receipt of any sum from the HUF cannot be said to be a gift without consideration by the HUF or gift by other members of the HUF.

Can property be registered in the name of HUF?

Therefore, property purchased in the name of any member of the HUF is eligible for claiming exemption under section 54 of the Act. He further reiterated that the member of the HUF on whose name the property is purchased does not derive any independent right on the property or its income.

Who owns the land of an apartment building?

Generally, as a strata owner, you own the air space within the boundaries of your lot, while the owners corporation owns and controls the fabric of the building and the land under and around it. Common property is all of the areas of the land and building that aren’t included in any lot.

No, ancestral property be cannot be sold without consent of successors in case of major and in in case of minority you might have to take permission from the court. And if property disposed without consent can be reclaimed.

Assuming that your father and his sister are the sole surviving legal heirs to the ancestral property and now it has come in their hands as co-owners, then your father is within his rights to bequeath his undivided share in the property to his sister under his Will.

Can son claim father’s property when father is alive?

A son can claim his share in an ancestral property even during the lifetime of his father. In any case, the applicant seeking his share in the property must prove his succession.

How is undivided share of land calculated?

The UDS can be calculated by multiplying the total land area with the size of the individual apartment (3,500*1,000) in this case and dividing the result by the sum of areas of all apartments which is 1,000*5=5,000.