Legal Question in Family Law in India

My husband died without leaving a will. My husband owned a residential house, a residential plot, and an ancesteral residential plot. After his death, with the children's approval, the residential house, and plot were transferred in my name. I sold the residential house 5 years ago and distributed the proceeds amongst my children. During the time of the sale, a partition deed was drafted. I want to sell the residential plot now but some of my children do not approve of it. I just learnt that the partitition deed is applicable only to ancestral properties. The property I want to sell now is not ancestral but was transferred to me after my husband's death. Can I go ahead with the sale without my children's consent and not apply the general partition deed which is not applicable here. What do I do if the buyer insists on all my children approving to the sale? Thank you


Asked on 2/21/13, 5:27 am

2 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

If the property is in your name ,then you are the absolute owner of the same and you do not to get any permission from any one to sell the same....Please check my answers in the category of wills and probate etc to get more knowledge on your problem..............Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/25/13, 3:43 am


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