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ASHWIN JOSHI   06 September 2026

Non indication of relinquish deed dropping of inheritance rights

One of the coparcener sold entire property on virtue of title grabed money ancestors property undivided also accepted inheritance rights of sisters legal rights.

Without partition or mentioning anything relinquish dropping rights.

 



Quick Summary
This discussion addresses the sale of ancestral property by a single coparcener without the consent or partition of other co-owners. Generally, one coparcener cannot claim absolute ownership or sell the entire property without the agreement of all shareholders. Such a sale is typically considered illegal and invalid unless all rights have been properly transferred.

 6 Replies

SHIVKUMAR AGNIHOTRI, ADVOCATE, (Advocate )     06 September 2026

1.   If the property continue to be joint/ undivided ancestral or copercenary property, one copercenar ordinarily can not claim absolute ownership merely because the property stood in his name or because he obtained possession. The purchaser generally can not acquire better title.

Dr. J C Vashista (Advocate )     06 September 2026

In an ancestral property every coparcenor has an equal right, which cannot be sold by one of them withou consent and permission of other shareholders. However, if it is already sold, the transaction is illegal and invalid, untill vendor has transferred share to each and everyone.

The facts posted are vague, redraft.

T. Kalaiselvan, Advocate (Advocate)     06 September 2026

Under Hindu Law (Hindu Succession Act, 1956 and its 2005 Amendment), no single coparcener has the legal authority to sell the entire undivided ancestral property without the consent of all other coparceners, including daughters/sisters.As there was no formal partition, no relinquish deed, and no written waiver dropping the sisters' inheritance rights, the sale of the whole property and appropriation of the entire sale money by one coparcener is illegal and vulnerable to challenge in court.

P. Venu (Advocate)     06 September 2026

What do you mean by "on virtue of title grabed money ancestors property"? The posting is short of matyerial facts.


kavksatyanarayana (subregistrar/supdt.(retired))     08 September 2026

The other co-parcenars can challenge it in court.

Dr. J C Vashista (Advocate )     09 September 2026

Repeated query shall not be entertained.

However, if you are not satisfied with obligation of experts on this platform it is better to consult a local prudent lawyer for professional advise.


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