Ancestral property
Shilpa
(Querist) 13 October 2014
This query is : Resolved
We are going to buy ancestral property from Mr “X” who succeeded it from his father,now X family consists of two daughters D1 & D2 and two sons S1 & S2 . all the four children married ,D1 & D2 having major children and those children (i.e., grand children of “X”) also having minor children & S1 & S2 also having minor children
In short, X family consists of Children, grand children and great grand children
Now, I have three questions (1)To pass clear title in favor of me, who are all having rights over the property ?
(2)X stating that, his children will give their consent but grand children & great grand children (daughter’s children and grand children) consent not required as per law…. Is it correct?
(3) Do we need to take consent from Daughter-in law consent
(Note : seller is a hindu by religion)
Anish Thakur 7018812737
(Expert) 13 October 2014
Before purchasing this property if you want to be 100 percent secure in future arising problem from legal heirs you must ask the seller to seek permission of the ld.court under Hindu sucession act .Feel free to contact in anish1948@gmail.com if you have left any query in your mind.
Rajendra K Goyal
(Expert) 14 October 2014
Whether the property meet with the conditions of ancestral property?
Whether X is alive as he is having great grandchildren ?
How the father of Mr. X acquired the property?
Seems to be an imaginary query, however consult a local lawyer and show him all the documents.
Shilpa
(Querist) 14 October 2014
It's not an imaginary story,X is still alive, who acquired the ownership after the death of his father(he was sole heir) and his father inherit the same his father (i.,grand father of X)- I came to that,title has been passing from 4-5 generation and now in the hands of X
Shilpa
(Querist) 17 October 2014
waiting for reply from expert
Anish Thakur 7018812737
(Expert) 17 October 2014
No consent of daughter in law is not necessary when son is alive .The consent of great grand children are also not necessary and just add a para in the sale deed that above sale deed is executed by them due to legal necessity for family welfare.
Anirudh
(Expert) 29 October 2014
Purchasing an Ancestral property, where minors are present will always create a problem. Merely by saying that the sale is being effected due to 'legal necessity / family welfare' alone will not be enough, unless there was a pressing legal necessity warranting the sale of the property in question. If the legal necessity cannot be justified/proved, then the minor can any time come back and stake his claim.
Therefore, i will not purchase the property, unless there is court permission to sell the property where minors' interests are involved. Court will satisfy itself before giving permission, whether there is real legal necessity or not.
V R SHROFF
(Expert) 29 October 2014
MINOR'S PROPERTY TRANSFER NEED COURT PERMISSION.
CHILD'S PARENTS TOO HAVE NO RIGHT TO SELL IT.
