Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Samuel Fred   08 February 2022


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


 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. 



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.

P. Venu (Advocate)     16 February 2022

Such sales are voidable at the option of the minors once they become major, subject to the Law of Limitation.

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