90,000+ Legal Questions Answered

Can one of the legal heirs sell his/ her share of immovable property before immovable assets of parent are distributed amongst legal heirs? Can one of the legal heirs sell his/ her share of immovable property before immovable assets of parent are distributed amongst legal heirs?

1 year ago

In our family, both parents have expired. The head of the family has left behind some immovable assets like Bank deposits, Savings bank deposits, jewels and quite a few distinct landed properties. There are more than one legal heirs. Assumption: Till the movable assets are divided between the legal heirs mutually, the distribution / share of immovable assets between the legal heirs can not be decided. Is the above assumption valid? If the assumption is valid, can one of the legal heirs sell his/ her undivided share in some of the immovable properties without partitioning the parcel of all the said immovable properties? Kindly advise.

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
Undivided share of the family member may be sold without the consent of other members of the family to create frustration. To avoid such situation one of the family member may approach Civil Court and get injunction order by filing partition suit.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconInheritance Rights Dispute Over Mothers Property in Bengaluru
Dear Client, A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
question iconEWS Certificate
Dear Client, The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
question iconPOA from SriLanka to India citizen Resident Indian
Dear client, If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
question iconDarkast agriculture land sale
Dear Sir, If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
question iconMutation of property in authority records based upon registered gift deed
Dear Sir, Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.