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Vije   05 November 2021

transfer of share in undivided ancestral house property

Dear sir/madam
An undivided ancestral house property in which my family (my father my mother n me) n my uncle r living is of my late grand father n house property is still in his name only. Can my uncle can transfer(gift/sale/relinquish for with r without r for lesser value consideration)his right of share in house property to outsiders r to relative through will r sale deed r otherwise. Will it be valid r is need to b register it. Kindly clarify
Thanks in advance


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 6 Replies

G.L.N. Prasad (Retired employee.)     06 November 2021

Unless the property is divided into metes and bounds, determining individual shares, it is not proper to sell the property to a third person.  But still, some are selling undivided properties, and a bonafide seller can issue a notice and demand for partition and can approach even a court for such partition and delivery of the share of the seller/co-sharer.

Vije   06 November 2021

Can he transfer to other legal heirs of property { eg. Grand father had 3 sons my father, my uncle 1 (transforer) my uncle 2 (3 sons alive) 1 daughter (died) } to her niece (means daughter (x) of his late sister) if yes then X can claim 50% claim in property (100%/4 =25% each) her mother share 25% + my uncle share 25% =50% after my uncle's death
Kindly help thanks in advance

G.L.N. Prasad (Retired employee.)     06 November 2021

If there are thirsty land grabbers, that wish to purchase property at a throwaway price, there are many to sell even Railway Stations of Central Govt.  Anyone can sell, but it is the duty of the purchaser to exercise caution.

Vije   07 November 2021

Can a father transfer his share of ancestral property to others r co sharer when his major son n wife is alive

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     09 November 2021

Presumably, your Grand Father is no more and died intestate in which case, the legal heirs of your father and uncle need to partition the property between them with a Registered Partition Deed. Once it is done, each of them can do what they wish to do with the property.

P. Venu (Advocate)     13 November 2021

Please repost the facts in simple language. The property does not appear to be ancestral.


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