New Delhi: Disputes over ancestral property are common in India, frequently arising when one family member decides to sell their share to an outsider while the rest wish to retain it. This often sparks a critical legal question: Can a co-owner sell their portion of an undivided ancestral property without the consent of the other family members?
According to property law experts, having a share in a joint ancestral property does not automatically grant a person the right to sell an arbitrary piece of it without completing proper legal procedures. The legal status of the property—whether it is divided or undivided—plays a crucial role in determining the rights of the seller.
If four siblings jointly own an undivided plot of land, each possessing a 25 per cent share, one sibling cannot simply sell a specific physical portion without the others’ consent. If a family has mutually agreed upon a division based on a physical map and the property records clearly define the boundaries of each person’s share, an individual can attempt to sell their specific portion. For instance, if the eastern sector is legally allocated to the fourth sibling, they hold the right to sell it.
However, informal family agreements do not entirely eliminate the risk of legal challenges. The other co-owners can contest the sale in court, arguing that the property was never legally partitioned and they still hold joint ownership rights. They might also raise objections if they believe the selling sibling is claiming a disproportionately valuable section of the land.
To avoid such lengthy legal battles, legal experts cited in a recent Economic Times report strongly advise obtaining a formal legal partition of the property before initiating any sale. A legal partition clearly delineates each owner’s physical share and boundaries, which must then be officially updated in the property cards or revenue department certificates. This drastically reduces the likelihood of future ownership disputes.
Buyers looking to purchase a share in a joint property must also exercise extreme caution. Experts stress the importance of verifying the original title documents, which are often held by the family member with the largest share rather than the individual selling their portion. Buyers should not rely solely on the sale deed; they must ensure a written agreement is in place with the custodian of the original documents, guaranteeing that these critical papers will be made available for verification by banks or legal authorities whenever required.