sale of land through attorney
3 years ago
our family had ancestral land property at various places in Kashmir. After the migration of Kashmiri Hindus from Kashmir my father sold the land in his name ( which was divided by my grandfather to his children) under distress in the year 1996, by giving attorneys to various agents in Kashmir valley without consulting his children. Since this was an ancestral property, can he sell it through attorney without our consent, ie, without the consent of his children. his children are all grown up. please advise how to and to whom to approach for this case.
Karta can alienate or sell the property since Karta has a right to sell the property in three cases i.e. if there arises any legal necessity which is necessary for the members, for the benefit of estate, act of indispensable duty. Moreover, These powers cannot be exercised by other members except Karta (according to Hindu Succession Act)
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Karta being head of the family has right to sell the property under three circumstances, if any necessity arises for the members, for the benefit of estate or to save the lives of other members, and the act of indispensable duty. However, According to Hindu Succession Act this right is not given to any other members.
Rajinder Raina
Responded 3 years ago
Thanks
Ankur Goel @ Complete Law Shield
Responded 3 years ago
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail .
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