Legal Question in Real Estate Law in India

Ancestral property

I am a Hindu having one married son. I exclusively own an ancestral property. I am aware that after my death my son will become the owner of this property. Now my question is that before my death can I sell this ancestral property and use the entire sales amount to meet my financial needs.


Asked on 4/28/09, 1:08 pm

4 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

Re: Ancestral property

Kindly clarify the nature of your ownership. What is the document of ownership you have? Proceding on the basis that the property is not your self acquired property and is ancestral property, you do not have exclusive right to deal with the same. Your legal heirs will have proportionate rights / shares in the said property. Off course, you can sell your undivided share in the property but you can't sell the undivided share of your son in said property. For that to do, you will need to obtain Relinquishment Deed from your son in your favour in respect of his share so that you become sole and absolute owner of said property. Then, you can sell the whole property.

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Answered on 4/29/09, 7:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Ancestral property

No, you may not be legally allowed to sell your son's share even during your life time; the sale, if any, may be illegal.

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Answered on 4/28/09, 1:18 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Ancestral property

Depends on several things.

However, if it is not the residential house, a Karta can sale for legal necessity. If there is no legal necessity, opt for partition and then sale your share.

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Answered on 4/29/09, 12:02 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Ancestral property

yes you can do that.....try n obtain an NOC from your son in case he agrees.

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Answered on 4/29/09, 1:52 am


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