Legal Question in Real Estate Law in India

Hi,

My father (aged 65 years) and his two brothers got their share in property (ancestral) in 1985 . Each has their own share and got it registered in their names. At the time of registration there was no Hindu succession (amendment) act 2005 in force. My father has two sisters who were married before 1980 and are settled well in life. Now my father wants to sell the property in his name. Do he needs to take letter of consent or no objections from his sisters? Kindly advice


Asked on 6/18/13, 1:58 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

18.06.2013

Dear Sir / Madam,

Your father is the absolute owner of the property (it is immaterial whether the property is ancestral or self acquired) and he is free to deal with the property in the manner he best deems fit. No letter of consent or NOC is required from his sisters.

Regards,

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Answered on 6/18/13, 4:16 am
Shrichand Nahar S.V.Nahar, Advocate

There are variety of rulings vis-a-vis 2005 Amendment.

By plain reading of that amendment, if partition was effected before 2005 Amendment, then said Amendment is not applicable.

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Answered on 6/18/13, 9:48 pm


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