Legal Question in Real Estate Law in India

Real estate in India.

My grand father acquired a House Property and land. Once he passed away and my grand mother passed away. The property was divided and my father got the whole house unpartitioined and the other Two brothers got the land and divided it amongst them.

Now my father and mother hasve passed away leaving the house to the 3 sons.

Now me and my 2 brothers are the rightful owners of the house and each one of us has children who have children.

If we don't sell the house our children will inherit it making them the 4th generation owners coparsening the property with their children and creating a huge mess.

1) Can we sell the house while we are alive and are Generation 3 owners and acquire another property from the proceeds eliminating the complicatoins of ownership?

2) What right would my uncles lineage have if the house becomes ancestral property should we fail to sell it off?

3) Me and my brothers have have hindu wives but what if one of our children marries a non-hindu? would that invalidate the ancestral property should we fail to sell?


Asked on 8/22/17, 8:20 pm

1 Answer from Attorneys

Had any partition or settlement making division of properties which were left by your grand father was made among your father and uncles? If no then all properties were to be inherited by all the legal heirs of your father and uncles. Firstly get the properties partitioned and only thereafter if all legal heirs of particular share decide can sell the particular property. The right of inheritance does not change or get affected by marriage of any legal heir with any other person of different religion. Sidharth 9811776422

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Answered on 8/23/17, 12:41 am


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