Samuel Fred 08 February 2022

query

Can a father whose children are minor sold an ancestors land without the consent or no objection of his children?

Quick Summary

Selling ancestral land when children are minors raises legal questions. Generally, such property cannot be transferred without the consent of adult heirs. However, for minors, court authorisation might be necessary. If land is sold without proper permission, it may be possible to retrieve it, especially if the sale wasn't for a bonafide family need or welfare. Such sales can be voidable by the minors once they reach adulthood, provided the statute of limitations hasn't expired.

6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 08 February 2022

How many legal heirs of your grandfather? All of them divide the property?

1 Like

Anaita Vas 09 February 2022

Respected Samuel Fred,

An ancestral estate cannot be transferred without the permission of the heirs in case of a major. However, in the case of a minor, one may need to seek court authorization. However, land that has been sold without permission can be retrieved.

Regards,

Anaita Vas

Samuel Fred 09 February 2022

Thanks you 🙏🙏

Dr J C Vashista (Advocate) 09 February 2022

Yes, it can be sold for need and bonafide purpose.

G.L.N. Prasad (Retired employee.) 09 February 2022

The Karta for the maintenance and welfare of the family can dispose of the property. The purpose must be bonafide. It is the purchaser that has to take care of his interests.