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Ramana (Business)     04 March 2024

Regarding agricultural (ancestral) land - sale

Hi All -(asking this question again with full details)

 I have got some share of agricultural property ancestrally (in Tamil Nadu) and i am residing outside India and planning to sell that through power of attorney. I have 2 children's who are born abroad and not Indian citizens. Now for selling this property, should we mention their names in Power of attorney (which i give to my friend) or in sale deed or even if we dont mention that is that fine? My understanding is since they are minor, we dont need to mention any of their names anywhere. Please guide me properly.

 

 



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     04 March 2024

It is a repeated query.

T. Kalaiselvan, Advocate (Advocate)     04 March 2024

If you say that they are ancestral property then your minor children will be entitled to a share out of your share in the property.

You cannot sell the minor share in the property without a permission from court 

Aadil (Student)     05 June 2024

Dear Ramana,

Thank you for your query! I am Aadil and I will try to answer your question.

 

The short answer to your question is YES. You may sell the property without their consent.

 

First, it must be determined whether the property in question actually falls under the ambit of ancestral property or not. Ancestral property is defined under the Hindu Succession Act of 1956, as any property that has been passed on for four generations by male ancestors. The property must not be partitioned, sold, or divided during this time, as doing so will result in it losing its status as an ancestral property. This means that four generations of successors also have a right towards this property. This right of the successors is awarded to them by birth and therefore no co-owner of the property can sell it without obtaining express consent from its coparceners.

 

Therefore, if the property has already been partitioned and you have received the title to your share, then it is no longer considered as an ancestral property, and is instead a self acquired property in the eyes of law. Therefore, after determining the status of your property, you can proceed with the process of selling your shares. It is advisable to first partition your property by filing a partition suit in a civil court. The Court will, after checking your right of claim towards this property, divide the property equally between all the coparceners. Once the property is partitioned, it has lost its status as an ancestral property. This means that the said property will be treated as a self acquired property whose title and ownership is under your name. The owner of a self acquired property is free to sell it without obtaining consent from his legal heirs. It must be noted that a partition suit must be filed within twelve years from the day of the claim over the property, as prescribed under the Limitation Act, 1963.

 

I hope this helps. Thank you for your time and patience!

 

Regards,

Aadil


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