Very small peice of ancestral property
ramakrishna.r.b
(Querist) 01 October 2013
This query is : Resolved
Mr “A” had some property of his own in Bangalore. He had 4 sons . “A” expired and their sons made a partition deed pn 15-dec-1934 and divided the property of “A “ among themselves. By virtue of partition deed “A” ‘s 4th son “BV” got some property. BV sold some portion of his property when he was alive and BV expired in 1949. BV had son BVS and daughter RSL. BVS sold some portion of the property of BV and only a small piece of land 204 sft still remaining unsold till today. RSL expired on 15-05-1996 leaving behind 3 sons and 3 daughters ( all the sons and daughters are married). Now BVS wants to sell the balance of land i.e 204 sft to mr X. Can BVS sell directly to X without involving RSL family members as he is the owner of the property ? or is it necessary that RSL family members have to sign the papers along with BVS ? Actually RSL family members are not interested in that property and majority of the family members of RSL are living in different parts of the world. RSL family members do not want to sign any papers as they are far off and not interested . They do not object BVS to sell that small piece of land i.e 204 sft directly by him to X. Please advice BVS as to what he should do as he is desparate?
Raj Kumar Makkad
(Expert) 01 October 2013
As BV had expired during the year 1949 so the exclusive right to property vests in favour of his son and RSL has nothing to do with it hence there is no requirement to obtain the NOC of her legal heirs in the given case.
Rajendra K Goyal
(Expert) 01 October 2013
Well advised by the expert raj kumar makkad ji, nothing more to add.
