Mahesh P 07 April 2021

Hindu succession - sale of property-no consent of all majors

Can ancestral property be sold by a person's (after his death) sons and daughters without consent of grand daughters who are major? Particularly when the sale/alienation is detrimental to the interest of Major grand daughter.

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Quick Summary

This discussion explores whether adult children can sell ancestral property after the owner's death without the consent of major granddaughters, especially if the sale harms their interests. Generally, such sales can be challenged in civil court. The validity hinges on whether a partition or family settlement occurred, as grandchildren's heirship status can vary. Seeking legal advice from a local advocate is recommended for specific guidance.

5 Replies

(Guest)

Post the death, was any partition or family settlement deed executed?

SHIRISH PAWAR, 7738990900 (Advocate) 07 April 2021

Hello,

Ancestral property cannot be sold by grandfather's sons and daughters detrimental to the interest of granddaughter. Granddaughter can challenge the transaction in civil court.

Sankaranarayanan (Advocate) 08 April 2021

with out the consent of the Grandchildren then the sale is valid

G.L.N. Prasad (Retired employee.) 08 April 2021

Grandchildren are not class 1 legal heirs. Once there was a partition among the father and his brothers by metes and bounds, then after the death of the father, children are entitled for a share. Contact a local advocate with such facts and he will be in a better position to offer further guidance practically.

Mahesh P 09 April 2021

Dear sir,

Many thanks for the response. Actually, I am getting confused because of conflicting responses from others. Can you help me with any sections of law or judgements to substantiate.

Thanks