Selling ancestral property
naveen mehta
(Querist) 14 April 2017
This query is : Resolved
I have a property of about 0.45 acres (approximately 19000 sq feet) i want to sell it to 8-9 people each of about 1500 sq feet do I require any coloniser registration ao i can directy sell it as it is less than 1/2 acres kindly answer me
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 April 2017
If property be self acquired and registered you can sell it homesoever you want to sell
naveen mehta
(Querist) 15 April 2017
Its ancestral but transferred in my name i actually wanted to know whether colonisers act will be applied on it if i sell it to 5-6 plots of small size
Guest
(Expert) 15 April 2017
The Rules of your State be Referred.
Adv. Yogen Kakade
(Expert) 15 April 2017
Firstly.. 0.45 acres is not equal to 19000 sq.ft.
Secondly, if it is an agricultural land you can not sell those in such small pieces.
It seems you are looking for a plotting business.. but if it is an agricultural plot, you shall not be able to do it.
And if it is in a residential zone, then it is advisable to get the layout plan sanctioned from the town planning department and then sell it.. otherwise it shall be an undivided share of each owner in the entire property and it might create complications in future.
naveen mehta
(Querist) 15 April 2017
Ok thanks yogen kakade for ur valuable comments , and 0.45 acres is 19602.695 sqft to be precise i said it aprox in my query
Kumar Doab
(Expert) 15 April 2017
By which valid deed ancestral property is transferred on your name alone!
Local counsel specializing in revenue/property/civil matters and well versed with local laws can advise you after examining all property related documents.
Adv. Yogen Kakade
(Expert) 15 April 2017
The total area of the property acres and square feet is not important.. generally 0.45 acres means 0 acres and 45 gunthas.. and 40 gunthas = one acre.. as per the government norms the area is either mentioned in Hectors or in square meters if you are in Maharashtra.
Anyways.. the other factors mentioned are more important than the measurements.
Rajendra K Goyal
(Expert) 15 April 2017
State Rules applicable, discuss with local lawyer.
Raj Kumar Makkad
(Expert) 15 April 2017
A Division Bench of this Court as far back as in Ram Mehar Vs. Dakhan 9 (1973) DLT 44, while dealing with the question whether the Delhi Land Reforms Act provides for prevention of fragmentation of holdings held that the same undoubtedly provides for prevention of a holding of a bhumidhar being less than eight standard acres. Reference in this regard, besides to Section 33, was made to various other provisions thereof. Reference was also made to the Statement of Objects and Reasons of the Act which also mentioned, avoidance of multiplication of uneconomical holdings and prohibition against creation of uneconomical holdings. We may mention that Ram Mehar was otherwise concerned with devolution of rights in agricultural holdings and held that the purpose of the succession to an agricultural holding being restricted to certain persons was prevention of fragmentation of holdings to uneconomical sizes.
Upon amendment of the Hindu Succession Act, 1956 w.e.f. 9th September, 2005 inter alia by deletion of Section 4(2) of the said Act, a Division Bench of this Court in Nirmala Vs. Government of NCT of Delhi MANU/DE/2717/2010 has held that the line of succession provided under the Delhi Land Reforms Act would not prevail over the Hindu Succession Act. However the same is of no relevance to the present context.
Similar laws are applicable in different States wherein fragmentation of the holding is subject to certain rules.
