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Ravindra K. Banthia (None)     25 August 2017

Request advice on sale of land and property

Hello,

 

I have a few questions, please.

 

My grandfather purchased land and built a large house with 3 blocks in Kolkata. He gave one block to my father.

 

My grandfather purchased land and built two houses in Rajasthan. He left this land and house to my father and to my cousin brother.

 

My grandfather may have formed a HUF. My father may have formed a HUF. I have not formed any HUF.

 

In his will, my father named my mother the executrix of the above mentioned property that he had acquired from my grandfather, and through his will left that property to his two sons: my brother and myself.

 

My brother and I had a mutual partition of the properties that had been willed to us by my father. I chose the Kolkata property and my brother chose the Rajasthan property (plus some money to offset the difference in valuation of the two properties).

 

I sold my property in Kolkata. Thereafter, I bought some land in Rajasthan and constructed a house with the proceeds of the sale.

 

I have a wife, one son (22 years old), and one daughter (18 years old).

 

Questions:

 

1. Does the house constructed belong to my whole family (my wife, my son, my daughter, and me) while I am alive?

 

2. Can I sell the house (and land) at Gangasahar without the consent/signature of my wife, son, and daughter?

 

Thank you.



Learning

 3 Replies

saravanan s (legal advisor)     25 August 2017

Since the property had devolved over you through will made by your father it is considered to be your self acquired property.no and yes is the answer to your questions

Siddharth Srivastava (Advocate)     25 August 2017

1. No.

2. Yes

Ravindra K. Banthia (None)     26 August 2017

Thank you, Saravanan ji and Sidarth ji.
 


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