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Arun Kafley (System Analyst)     10 January 2016

Ancestral property dispute

My mother died when I was 4 years old. My father remariied when i was 6 years old. They had 4 children between them. I am the only child of my mother. My father passed away last year. 
Me and my dad came to an agreement when he was alive and he gave me a potion of the property. Now due to a medical emergency I need to sell that piece of land.I have already constructed a house in the property and am living there for the past 6 years, with my family.

The property is in my name. I wish to know whether I can sell it or no



Learning

 7 Replies

Laxmi Kant Joshi (Advocate )     10 January 2016

if the property is in your name in revenue records then you are the sole owner of that property you can use it as you wish, you can sell it, you need not require to take permission from anybody .

lata   10 January 2016

u said the property is in your name, so I don't see any legal hitch except in case of partition not being proper.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     10 January 2016

 

 

1) It is stated you n ur father came to an agreement, which whether oral/ written or registered/ unregistered unknown.  It is also not clear whether ancestral or self-aquired.

 

 

2) How the title was bequethed to u, the portion of the property given by your father is it by way of any registered document like partition/ gift/ alienation otherwise or oral only.

 

 

3) If by way of proper transfer in writing, there is no problem.  If not, other heirs may claim on your property also notwithstanding mutation of title on revenue records.

 

 

4) At the same time, u will hv the right to claim on the rest of the property.

 

 

 

kavksatyanarayana (subregistrar/supdt.(retired))     10 January 2016

Agree with the advise of DR.K.V.R.Krishna sir.

Arun Kafley (System Analyst)     11 January 2016

The property is ancestral. The agreement between my father and me was verbal but the land is registered in my name.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     11 January 2016

1) Consent of other LRs is necessary.  Others can object later.

 

 

2) Go for family partition and sell ur share in the property.  Partition be made in such a way that the land on which the house was constructed by u falls within ur share.

Arun Kafley (System Analyst)     11 January 2016

So they cannot claim any part of the land which is in my name?

And do i need the coconsent of my half-siblings in order to sell the property?


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