Sale of undivided ansector property
3 months ago
My father has an ancestor property in his name, he died on 2016. he has two daughters. we have got Legal heir certificate for three (my mother, myself, my sister). we have not partitioned the property between us, so far. Can my mother sell her share to me/someone, without my sister consent (or) without letting my sister knows? kindly clarify
A.Dear Client,
In a situation where legal heirs, including your mother, hold a share in an ancestral property, the sale of the share typically requires the consent of all legal heirs. The consent of your sister is crucial for a valid and legal transaction. Intestate succession laws and property laws often emphasize the equal right of heirs to the property.
Attempting to sell a share without the knowledge or consent of all legal heirs, especially your sister, could lead to legal complications. It is advisable to engage in open communication among the legal heirs and work towards reaching a consensus on the decision to sell or partition the property. If a mutual agreement cannot be achieved, consulting with a legal professional for guidance on partition proceedings or other legal options is recommended.
Section 44 of the Transfer of Property Act, 1882, deals with the transfer of a share in joint property. However, specific legal advice tailored to your jurisdiction and the particulars of your case is essential to navigate the complexities involved.
Thankyou
In a situation where legal heirs, including your mother, hold a share in an ancestral property, the sale of the share typically requires the consent of all legal heirs. The consent of your sister is crucial for a valid and legal transaction. Intestate succession laws and property laws often emphasize the equal right of heirs to the property.
Attempting to sell a share without the knowledge or consent of all legal heirs, especially your sister, could lead to legal complications. It is advisable to engage in open communication among the legal heirs and work towards reaching a consensus on the decision to sell or partition the property. If a mutual agreement cannot be achieved, consulting with a legal professional for guidance on partition proceedings or other legal options is recommended.
Section 44 of the Transfer of Property Act, 1882, deals with the transfer of a share in joint property. However, specific legal advice tailored to your jurisdiction and the particulars of your case is essential to navigate the complexities involved.
Thankyou
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A.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 divided or sold off. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer her share in the property without the consent of other legal heirs/coparceners. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. 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 have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, in the given situation, you being a legal heir/coparcener of the ancestral property, need to file a partition suit before the Civil Court to obtain your share in the said property. Reach out to an Advocate with the property documents for guidance and steps.
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 divided or sold off. So, until and unless an undivided ancestral property is partitioned through a decree of partition passed by a Civil Court, a coparcener or legal heir cannot get his/her share in the said property and cannot transfer her share in the property without the consent of other legal heirs/coparceners. After amendments were made in 2005 to the Hindu Succession Act, 1956, women/daughters were given the same right as that of a son to their parental property irrespective of their marital status. 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 have received it, which gives such family members an unfettered right to deal and/or dispose of such property. So, in the given situation, you being a legal heir/coparcener of the ancestral property, need to file a partition suit before the Civil Court to obtain your share in the said property. Reach out to an Advocate with the property documents for guidance and steps.
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