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Rupali Shah   16 February 2025

Father enters names of 4 sons and 2 daughters in ancestral land property

Dear Sirs,

Father, during his lifetime, has enterd the names of 4 sons and 2 daughters in ancestral  land property . 

Now 4 sons and 2 daughters have sold the said property. 

4 sons and 2 daughters in total have 10 kids. without the consent of all their kids they have sold property in 2001. Now one of the kids, who was major in the year 2001, has filed suit in the year 2014 for cancellation of sale document.

whether 4 sons and 2 daughters can sale property? does that property become self acquired property just because father of them entered their names on record?



 5 Replies

T. Kalaiselvan, Advocate (Advocate)     16 February 2025

If the property was divided by a registered partition deed among children then it becomes the self acquired of all the children of the father therefore the suit may not be maintainable.

For more clarification you may furnish proper details.

P. Venu (Advocate)     16 February 2025

What is the context for this query? How is that the property is ancestral?

The query is short of material facts. Please post complete facts.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 February 2025

The word self-acquired property is often wrongly used. Any property acquired through inhertance is not a self-acquired property. Still the person can dispose it of as he likes, if there are no joint claims on the property. Films and TV serials give the wrong impression that inherited property cannot be disposed of as one likes and that a son can claim his grandfather's property inherited by his father even when the father is alive.

Rupali Shah   16 February 2025

Thank you Sirs for your kind response.

That property was not devided by registered partition or any other way. 

Father entered the names of 4 sons and 2 daughters just to avoide further complications in future after his death. so it was not partition.

In that case would the sale of that landed property by 4 sons and 2 daughters without conset of thier chieldrens would be valid ?

 

P. Venu (Advocate)     16 February 2025

The querist is to provide the information sought.


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