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Kuldeep Singh   20 December 2024

How sell ancestral property with mutual consent

Experts,

Our grandfather had 20 bighas of agricultural land. After his death, 20 bighas of agricultural land went to my father ancestrally and grandfather had not even made any will/gift deed. So this property considered as ancestral property. My father has only two children, one is me and the other is my younger brother and we two brothers also have only one son (minor) each.

1. Now our father has to sell 20 bighas of land in which we two brothers have no objection, can we sell that land without partition deed. We heard somewhere that we can sell property with NOC/Consent of all successors/coparceners ?

2. If we sell through mutual consent then buyer gave amount to how many people because we are 5 person (1 father + 2 son + 2 grandson), will buyer make Demand draft in favour of 5 persons at time of registry ?



 17 Replies

T. Kalaiselvan, Advocate (Advocate)     20 December 2024

The property of your grandfather is not an ancestral property in your father's hands.

It becomes his self acquired property hence neither you nor your children shall be entitled to any share in it at least not during your father's lifetime 

kavksatyanarayana (subregistrar/supdt.(retired))     20 December 2024

Is your father only a son of your grandfather?  What is about your grandmother? Either your grandmother or other legal heirs of your grandfather, then your father is the owner of the property and he can sell the property without his children or wife.

Kuldeep Singh   21 December 2024

Originally posted by : T. Kalaiselvan, Advocate
The property of your grandfather is not an ancestral property in your father's hands.
It becomes his self acquired property hence neither you nor your children shall be entitled to any share in it at least not during your father's lifetime 

How can grandfather's property become self-acquired property for the father?

 Whereas the grandfather did not transfer the property to the father through will/gift deed.

Shashi Dhara   21 December 2024

Sell it, give your consent, divide the money😍amicabally. Take money and enjoy.

T. Kalaiselvan, Advocate (Advocate)     21 December 2024

Instead of asking irrelevant questions that how come grandfather's property will become self acquired propety in the hands of his son, you may better read the law properly instead of acting on hearsay information of the half knowledged people around you.

You were given a proper opinion about the law, so you may introspect your query and if you are erroneous anywhere then you may correct your question and revert back with a modified question to seek an opinion.

Never misinterpret law to your conveinence.

Advocate Bhartesh goyal (advocate)     21 December 2024

I endorse the views expressed by Expert T.Kalaiselvan Advocate. 

Kuldeep Singh   21 December 2024

Originally posted by : T. Kalaiselvan, Advocate
Instead of asking irrelevant questions that how come grandfather's property will become self acquired propety in the hands of his son, you may better read the law properly instead of acting on hearsay information of the half knowledged people around you.
You were given a proper opinion about the law, so you may introspect your query and if you are erroneous anywhere then you may correct your question and revert back with a modified question to seek an opinion.
Never misinterpret law to your conveinence.

Sir, What does mean of line " a grandson has a birthright to his grandfather's ancestral property in India, if it is undivided and has passed down through four generations ?

T. Kalaiselvan, Advocate (Advocate)     22 December 2024

Grandfather's properties are not self acquired property and it becomes self acquired of the legal heirs of the grandfather.

Where did you discover any law stating that the grandson has birthright in his grandfather's properties.

Don't misinterpret the meaning of ancestral property for grandfather's properties also.

Kuldeep Singh   22 December 2024

In my case,

 

Grandfather have self-acquired 20 bigha agricultural land.

No generation has ever lived in a joint family. Every generation has lived its life as a nuclear family. 

 

1st generation(my grandfather) = After his death without will/gift, there was no partition of his self- acquired property among his mother, wife, one daughter and one son. My grandfather's mother and wife is also dead.

 

2nd generation (father) = he is alive and my mother is also alive and two sons are also alive and no daughter and no partition/undivided among them.

 

3rd generation (me/younger brother) = I am alive, i have only one son and no partition/undivided.

 

4th generation (my son 10 yrs old)= no partition/undivided.

 

Qus1) Now we are reached at 4th generation and still undivided from all generations, is this property of my grandfather considered as self-acquired or ancestral ?

 

Qus2) If property nature is self-acquired presently then Under what circumstances can this property become ancestral property ? any role of 5th generation ?

T. Kalaiselvan, Advocate (Advocate)     24 December 2024

The property on your grandfather's name was inherited by your father as his legal heir. 

After your grandfather's death, the succession to the property opened and devolved on your father, thus it becomes his self acquired property. 

Upon your grandfather's intestate death his properties devolved on his legal heirs, and it was duly acted upon by your father by taking possession of his rightful share out of his father's properties as his successor in interest to succeed to his estates left behind by his intestae death in the capacity of the legal heir to his deceased father.

Therefore the property so inherited by your father becomes his self acquired property. In the given situation your misinterpretation of law by incorrectly insisting that this is an ancestral property makes no sense.

You may either understand the law properly or seek proper guidance / knowledge from an experienced lawyer in the local instead stretching this thread with meaningless arguments without properly understanding what has been opined by experts of this forum.

 

 

Kuldeep Singh   24 December 2024

Originally posted by : T. Kalaiselvan, Advocate
The property on your grandfather's name was inherited by your father as his legal heir. 
After your grandfather's death, the succession to the property opened and devolved on your father, thus it becomes his self acquired property. 
Upon your grandfather's intestate death his properties devolved on his legal heirs, and it was duly acted upon by your father by taking possession of his rightful share out of his father's properties as his successor in interest to succeed to his estates left behind by his intestae death in the capacity of the legal heir to his deceased father.
Therefore the property so inherited by your father becomes his self acquired property. In the given situation your misinterpretation of law by incorrectly insisting that this is an ancestral property makes no sense.
You may either understand the law properly or seek proper guidance / knowledge from an experienced lawyer in the local instead stretching this thread with meaningless arguments without properly understanding what has been opined by experts of this forum.
 
 

At 2nd generation (my father, my aunt) :

I know that both my father and my father's sister were first class 1 legal heirs but neither of them had partitioned nor taken possession nor got the name transferred.

 

T. Kalaiselvan, Advocate (Advocate)     25 December 2024

You have been given proper opinions based on your contentions in different posts, whereas you seem to be adamant to not to understand any opinion rendered by any expert lawyer from this forum but you again and again come out with your same quesion in a different interpretation.

Hence it will not be possible to satisfy you by any number of opionions that may given in furtherance in this forum.

Hence, as the case is pending before court you fight the case as per your own understanding of the law or you can harp over your own point or better clarify from your own lawyer.

Dr. J C Vashista (Advocate )     26 December 2024

The factual information qua inheritence and/or acquisition is provided in bits and pieces, wherein initially grandfather had the only son (father of author) subsequently it changed to exclude his wife, mother, isn't it?

However, I fully agree with the opinion and advise learned expert Mr. T Kalaiselvan. 

Kuldeep Singh   26 December 2024

Originally posted by : Dr. J C Vashista
The factual information qua inheritence and/or acquisition is provided in bits and pieces, wherein initially grandfather had the only son (father of author) subsequently it changed to exclude his wife, mother, isn't it?
However, I fully agree with the opinion and advise learned expert Mr. T Kalaiselvan. 

Sir, Final overview of my case,

 

Grandfather have self-acquired 20 bigha agricultural land.

No generation has ever lived in a joint family. Every generation has lived its life as a nuclear family. 

 

1st generation(my grandfather) = After his death without will/gift deed, class 1 heirs (his mother, his wife, his one unmarried daughter and his one son) have rights in property. But my grandfather's mother and his wife is died and his unmarried daughter is alive. Only two class 1 legal heir left i.e one is my father and other is unmarried aunt. 

 

2nd generation (father/unmarried aunt) = my aunt is alive and my father is alive and my mother is also alive and two sons(me and younger brother) are also alive and no daughter. my father and aunt never got the title transferred to own name through any document like legal heir certificate/succession certificat/partition deed.

 

3rd generation (me/younger brother) = both i and younger brother are alive, i have only one son and younger brother also have one son.

 

4th generation (my son 10 yrs old)

 

Qus1) A big confusion is that from where we will consider whether the property is undivided from first generation or second generation in my case ? Is there any role of future 5th generation ? Plz clear

 

Qus2) Now we are reached at 4th generation and still undivided from all generations, is this property of my grandfather considered as self-acquired or ancestral at present date ?


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