Dispute for Donation of Ancestral Property
2 years ago
From our ancestral property my father and other 5 shareholders got equal share. Now one of my uncle(unmarried) has donated his share to an other person(not family member) without consent of his brothers & sisters. We belongs to a Hindu family. Is it legally right or void ? Please answer.
A.Dear Sir
First he ought to have offered to his co sharers and taken consideration and that consideration he may donate this stranger.
First he ought to have offered to his co sharers and taken consideration and that consideration he may donate this stranger.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.Your uncle does not require any consent or permission or NOC from anybody including his brother and sister to donate his share to any person of his choice. The act of your uncle is legal and enforceable in law.
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.uncle can do anything with his share even if others dont like it.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
If the property is ancestral, it cannot be given away without the permission of the other owners. However, if the property is self-owned or the ancestral property has been divided or partitioned, the owner can dispose of it according to his or her wishes.
If you find this answer helpful, please rate my answer. Thank You.
If the property is ancestral, it cannot be given away without the permission of the other owners. However, if the property is self-owned or the ancestral property has been divided or partitioned, the owner can dispose of it according to his or her wishes.
If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share
A.Hi,
As you informed, it is the ancestral property so the said property has to be divided equally. All will get equal rights over respective shares. But when a division or a partition happens in an ancestral property, it becomes 'self-acquired' property in the hands of a family member who has received it. As a result, before delivering a concrete answer, we will have to analyse that issue in light of further information.
If you find this answer helpful, please rate my answer. Thank You.
As you informed, it is the ancestral property so the said property has to be divided equally. All will get equal rights over respective shares. But when a division or a partition happens in an ancestral property, it becomes 'self-acquired' property in the hands of a family member who has received it. As a result, before delivering a concrete answer, we will have to analyse that issue in light of further information.
If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share
A.It is not allowed and he cannot do so as the non-family member is not a coparcener.
Helpful
Helpful
Share
Vaidehi Samant
Responded 2 years ago
A.For selling or donating his part of land to some one else he will not require permission or No Objection Certificate from any one else if partition of such land has been done. Thank you.
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Is there any Partition Deed?Provide relevant data.
Helpful
Helpful
Share
Read Related Answers
Will of Grandfather
Dear Client,
To ensure the authentic status of a pending case, you must obtain a certified copy of days proceedings or an order sheet of the latest hearing from the concerned Court where your probate...
Property distribution
Dear Client,
An individual gets the right to ancestral property by birth. Typically, ancestral property refers to property that has been inherited for four or more generations and has not been divide...
Brother unwilling to give copy of their late mothers Will to Sisters
Dear Client,
Both registered and unregistered wills can be challenged on similar grounds. However, certain challenges such as (i) Improper execution of the will; or (ii) genuineness on the signature o...
Unregistered will without signs of witnesses
Dear Client,
In the absence of both signatures of witnesses in the Will and its registration, the Will made by your grandfather in favor of your father becomes infructuous/invalid and unenforceable u...
can a BENEFICIARY in the will be appointed as an executor
Dear client, yes a benificiary a will can be appointed as an executor under Indian Succession Act, 1925.
Read Blogs on Will
Will Lawyers
Find Lawyers by Location
