Can inhereted property be sold to son?

This query is : Resolved 
 


Querist : Anonymous (Querist)
15 April 2018

I have query that
if father has inherited land in Maharashtra as ancestral property and has 6 children. one of his son has given some money to him for day to day needs and medical expenses or some other necessary need from 40 years and other children didn't gave anything, so in consideration of this can father transfer some portion of land to that son who taken care.
1. does son's son (grandson) who are not dependent on son has also right in inhereted property of grandfather?
2. can father transfer such land by way of sale deed to him (Son who taken care) ? if so.
3. does it necessary to take consent or no objection of other 5 children while transferring such land by sale deed? if so
4. out of 5 children 4 has given consent or ready to sign deed as witness to transfer such land one has not given his consent whether such transfer can be challenged in court.
5. can i seek legal advice (in the form of Legal report or legal opinion) in respect of above matter by paying consulting charges?


Ms.Usha Kapoor (Expert)
16 April 2018

Ancestral property gets reduced by the number of births and increased by number of deaths. So all 5 grand children will have to give relinquishment deed. Which should be registered.Or all 5 grand children put their signature as witness or stamp of approval on the sale deed that thy have no objection to the transfer.or sale of part of their grand father's property to the son who take care of him.

Dr J C Vashista (Expert)
16 April 2018

If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.


Querist : Anonymous (Querist)
16 April 2018

Hi,
Dear Sir Dr. J C Vashista,
I am Rajesh lives Maharashtra, who is asking query, can i seek legal advice (legal Report or something) in respect of above matter in writting by paying consulting or any such charges.


Once a property is inherited as per the provisions of law, the person inheriting such property becomes absolute owner of the property and can dispose of that property in any manner he likes. So, there should be no objection, whatsoever be, by anyone in any of his transaction pertaining to that inherited property.

JIGYASU: Legal Analyst (Expert)
16 April 2018

As usual, Ms. Usha Kapoor rendered totally vague and irrelevant advice. She could not use her commonsense, where is the question of grand children coming in the way of an inherited property by their father? There is no need of relinquishment deed to be made on their part.



Querist : Anonymous (Querist)
16 April 2018

please provide answer by referring sections or case laws if there any, to query in more details referring to the questions in query if possible.
thanks to dhingra ji
and others as well

JIGYASU: Legal Analyst (Expert)
16 April 2018

What you will do with the section or case law of someone else, not related to you? Can you implement that in your case, if the court does not allow you any benefit as per other's case law?

This demand of yours very clearly denote that you are just hunting for some answer to your academic query, not a solution to any real problem.


Querist : Anonymous (Querist)
16 April 2018

HI JIGYASU,
I dont know who u r but instead of assuming whether it is for academic or practical use, if possible give answer to query or show support to answer given by other expert.


Querist : Anonymous (Querist)
16 April 2018

HI JIGYASU,
I dont know who u r but instead of assuming whether it is for academic or practical use, if possible give answer to query or show support to answer given by other expert.

JIGYASU: Legal Analyst (Expert)
16 April 2018

Answers have already been given by the experts. There will be no use of repetition. If you are interested in filing a case in the court of law, that is the headache of your own paid lawyer to search for the case laws. otherwise, you have appropriately been advised at least by one expert. Don't think that the expert should waste their precious time for any purposeless demand from you. You may better rely on your own lawyer, if already engaged. if not hired must hire services of some efficient lawyer to suit your requirement. Here you should expect brief guidance, not 100% spoon feeding for solving law student exercises.


R.Ramachandran (Expert)
16 April 2018

Dear Mr. Rajesh,
Before answering your query, lot of factual information is required.
Therefore, IF YOU SO WISH, you may approach me through mail on my email-id which is given in my profile.

P. Venu (Expert)
16 April 2018

"Inherited land" - Was the inheritance completed through a partition deed, duly registered? If so, the father is the absolute holder of the property and he can deal with it at his discretion.

Ms.Usha Kapoor (Expert)
17 April 2018

AS I already said according to Hindu law births reduce the property and deaths in crease the property. by birth grand children gets an interest or share in grand father's ancestral property.You are a quack. How would you understand legal concepts and legal nuances. you don't offer solution to client's [problems. Instead you cross question him or show astonishment which in the long run won't fetch you much professionally. Instead of criticizing experts you Master one or two laws and start giving legal advice.


Querist : Anonymous (Querist)
17 April 2018

Dear Ms. Usha Kapoor Madam
what u have said, the same i hv read somewhere and holder holds property in coparcenery.
hence i have doubt whether they (grandson or son) will raise objection against such transfer by way of sale deed made without there consent even though grandfather is surviving?
and u hv given befitting reply to JIGYASU.

JIGYASU: Legal Analyst (Expert)
17 April 2018

Try your luck through court of law and celebrate the befitting reply of Ms. Usha Kapoor, if you can.



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