To sell ancestral property do i need my children’s approval
vijay
(Querist) 10 July 2009
This query is : Resolved
I have a query regarding an ancestral property
We have a ancestral property where we are 4 brothers are divided on our names and get registered. Now if i want to sell that property do i need my children’s approval? Since it is a ancestral property does my children’s has rights to stop.
My children’s: miners and majors
Please let me know the solution
Thanks
Vijay
A V Vishal
(Expert) 10 July 2009
Dear Vijay
Since, the property in question is ansectral the approval of the children is necessary if they are majors. They can stop you legally from selling the property. However, in case of minors it has to be proved that the share of the minor is sold for the benefit of the minor, in case there is no benefit to the minor he has repudiate the sale on attainment of majority.
sanjeev murthy desai
(Expert) 10 July 2009
Dear Vijay,
Yes absolutely, you have to be get the confirmation from your childern (including daughters) and grand children (male line) to sell the that property to the others. Otherwise you can sell that property for the family benifit as a Kartha. In hindu family Kartha has the rights to sell the property for the family necessity.
Y V Vishweshwar Rao
(Expert) 11 July 2009
I agree with leraned friends
The katha of HUF as to deal with proerty for legla necessities and for the welfare of the Family and Minors , otherwise it can be cahallneged at later stage , it is better u get the approval of the sale by family memebrs and to sell the proerty along with family members who are majors .
Jayashree Hariharan
(Expert) 11 July 2009
S, of course you have to get the consent of your family members, i.e..your children, including minors, as minors can question the validity of sale when they attain majority in age.
Harinarayan R. Tripathi
(Expert) 11 July 2009
Dear Vijaybhai
As per your query you hold Ancestral Property and according the law, one can not sell/transter ancestral immovable property, without taking consent of the other family members who have any kind of interest in the property. In case of major member you need to take consent in writting and needs to be registered or he will be the party in the Sale Deed, in case of minor, the guardian will sign on behalf and for the benefit of the minor(s).
vijay
(Querist) 12 July 2009
Hi Everybody,
I am really happy with your immediate response. As you people advice i shall get the concurrence of my children’s.
Many thanks to you all. Great help.
Thanks
Vijay
