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Arun Kumar (N/A)     02 May 2016

Men's rights to sell/gift a inherited (absolute property)

  • My grandfather received a property through partition with his brothers in 1983 after his father is deceased(Its a self-acquired property by my great grandfather).
  • My grandfather is still alive and he has 3 daughers and 1 son (all of them are alive and married).
  • My grandmother passed away couple of years ago.
  • Is it legally possible for my grandfather to sell/gift the above mentioned property in whole without the permissions from his daughers and son?
  • The partition deed and government revenue records has his name only.


Learning

 4 Replies

adv.bharat @ PUNE (Lawyer)     02 May 2016

1) The property is divied equally among all legal heirs i.e.4 and 5ht one his own share.

The Grand father can transfer his own share or gift it. But without other legal heirs permission he can't.

Arun Kumar (N/A)     02 May 2016

The property is divided equally by my grandfather and his brothers. Now my grandfather enjoys the property as a absolute owner of his share from the partition. Now can he sell/gift the property without his 3 daughters and 1 son?

Advocate Bhartesh goyal (advocate)     02 May 2016

Yes your grandfather have absolute right to sale/gift or transfer the questioned property as per his desire/wish and no Cosent/permission is required from his daughters/son as after partition of the property it became the self acquired property of your grandfather.

saravanan s (legal advisor)     02 May 2016

I agree with Bharat ji

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