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Right to purchase ancestral property as a legal heir.
6 months ago
If an ancestral property is being sold by few of the heirs , is it the first right of the remaining heirs who are not willing to sell their share , to purchase the share of those willing to sell.
A.Dear Client,
Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. and unless the legal heirs become owners of their share in the said ancestral property, they cannot sell or alienate their share to others. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who has received it, which gives such family members an unfettered right to deal and/or dispose of such property.
Until and unless an ancestral property is distributed among the legal heirs/coparceners following an order passed by the Court in a partition suit, the legal heirs cannot be treated as owners of the individual share in the said property. and unless the legal heirs become owners of their share in the said ancestral property, they cannot sell or alienate their share to others. Once the ancestral property is partitioned, it ceases to have the character of 'ancestral property' and becomes 'self-acquired property' in the hands of the family members who has received it, which gives such family members an unfettered right to deal and/or dispose of such property.
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A.Dear Client
In India, as per the Hindu Succession Act, 1956, the heirs have a right to their share in the ancestral property. If some heirs are interested in selling their share while others are not, the interested parties can sell their share to third parties. The remaining heirs who do not wish to sell their share typically do not have the first right to purchase the share being sold.
In India, as per the Hindu Succession Act, 1956, the heirs have a right to their share in the ancestral property. If some heirs are interested in selling their share while others are not, the interested parties can sell their share to third parties. The remaining heirs who do not wish to sell their share typically do not have the first right to purchase the share being sold.
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