Ancestral Property
ADV.MRS.SAILI S. SHEVDE
(Querist) 18 October 2010
This query is : Resolved
If the person sold the ancestral property without confirmation from his sons and daughters and wife.
And then if executes a Decalration that :
he has taken care of all the family members and has given / shall give the family members their rights from the sale price.
And further agrees to indemnify the Purchaser from the demands of the family members.
Will this suffice instead of obtaining the Confirmation Deed from the family members.
R.Ramachandran
(Expert) 18 October 2010
If it is an ancestral property, you do not have any athority to sell it at all, without or without any promise or undertaking. You have to necessarily partition it between various members eligible for a share in it; and then through a single sale deed all the shareholders can sell the property by duly signing and executing the sale deed.
ashish lal
(Expert) 19 October 2010
just assuming the person is Karta then he can sell
VENKATRAMAN SHRINIVAS
(Expert) 19 October 2010
Under he Hindu succession Act with particular reference to section 6 that was amended during 2005 both male and female members are entitled to equal share.In the given case, if the persons whose intres is prejudicially affected by the sale do not object to the sale, they are deemed to have acquiesced to the deal, unless the sale is by fraud or coercion and without their knowledge. If the beneficiaries do no repudiate the sale within 3 months i becomes absolute. They are estopped from challenging it. Further under the Hindu Law the principle of factum valut also operates in this situation, which means that when the interest of beneficiaries are apparently at peril and they do not resist it, it becomes absolute
