Dear sir,
we are three brothers with no distribution of land among us. one of my brother have no child and put a nefew to serve him. can they transfer/will his share of land without our concent to his nefew as whole of our land is ancestral.
thanks
HarishKumar (owner) 21 November 2012
Dear sir,
we are three brothers with no distribution of land among us. one of my brother have no child and put a nefew to serve him. can they transfer/will his share of land without our concent to his nefew as whole of our land is ancestral.
thanks
Adv. Nikhil Seth (legal consultant (9867264707)) 21 November 2012
No as this is ancestral property and all have equal share property cannot be transferred without the consent of all the brothers.
Adv. NIKHIL SETH
Mumbai
Guest (Guest) 21 November 2012
Ancestral property cannot be willed away beyond the extent of the testator's own share in it. All of you have an equal share in the ancestral property which can be claimed anytime by filing a partition suit.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
surjit singh (Assistant) 22 November 2012
So far transferring the share to the nephew by one of the brother who has no issue is concerned, that brother has every right to transfer or make a will in favour of any body be it his nephew. No consent is required from other brothers, provided he makes only his own proportion of share.
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