Upgrad LLM

settlement of undivided property

chartered Accountant

Our father was died in july 2005, leaving one property with land of 2005 sq. ft with a building on it in tamil nadu.Six leagl heirs (5 daudhter and one son) are to share the property. No dispute on legal heil.

All the six wants to sell the property. The issue is one of the legal heirs  (1/6 th Share) had settled her share with her son ( left no share to reaming two daughters) without the knoledge of the other legal heirs.

My question is

1. Can she do the settlement with her son,  her share of undivided portion of property

2. Is the consent of the others needed before settlement.

3. She has not told about the settlement but however came to know thro EC. iS she was correct in settleing the undivided share of property.

4. Can she now sell the settled property  after getting the power of authority from her son. Son is not in India. 

5, can other five legail heirs can sell their share without the one who had settled with her son.

Kindly help me in clearing the above question






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