Hindu succession Act

Querist : Anonymous (Querist) 19 December 2009 This query is : Resolved
Two items of ancestral immovable properties were devolved upon three sons. They have been in joint possession and enjoyment of the same without effecting partition. All the three sons intend to sell away above said three properties for the reasons that they are not getting sufficient income from the said properites. whether the proposed purchaser can obtain sale deed without making their major and minor children as parties to the sale deeds to be executed and registered.

please give opinion if there is (no)legal necessity

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A V Vishal (Expert) 20 December 2009
The Children should be made a party to the sale deed since the property is ancestral and they own a share in their father share. By making them join as a party in the sale all future litigations which might crop up can be kept at bay.

Sukhija (Expert) 20 December 2009
If the said property is absolutely in ur name and in ur possession then u can transfer good title to the buyer by sale deed between u and the buyer, .... "without making their major and minor children as parties to the sale deeds to be executed and registered."

Vineet (Expert) 20 December 2009
Three Sons are holding ancestral property on behalf of the HUF and posession is not important in this case. The Karta can sell property but cannot alienate the proceeds from HUF corpus.

The Buyer would always want children and other coparceners in the joint stock party in the transaction to avoid any future complication.

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