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Balaji   08 July 2021

Rights to sell property received by family arrangement

I have shortlisted a property for purchase. It looks, the latest owner of the property has received this self-acquired property of his father through family arrangement. The owner has two minor children. Can he sell this property without the consent of his children? is there any possibilities of disputes/conflicts in future by his children? please advice.



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 2 Replies

Shubham Bhardwaj (Advocate)     08 July 2021

Dear Mr Balaji, 

For the purpose of answering your query I am assuming the property in question has been validly transferred from father to him. The facts are that a property is owned by Mr X. He has 2 children.  Now, you are interested to purchase the property. You are concerned about any future dispute with the children after sale transaction. 

Now you must understand that those 2 children are heirs to the property of the father, who as per Hindu law, is the Karta. Further, Ordinarily, heirs to the property can file for partition of property. If the children are adults, then the risk is low because they would be knowing that their father is going to sell a property and if they have any objections, the deal will not go through. However, if the children are minors, the risk is high because when they turn 18, they may object to the transfer of property. Although all this is only theoretical as of now but there is still a possibility. 

Now comes the solution. If the heirs are adults, tell the seller/father to make his children witnesses to the Agreement to Sell which you will be entering prior to Sale Deed. This way if they are aware about the sale, if they have objections they ll not sign the agreement to sell and you ll know there is a problem. If they don,t then in future they are estopped from challenging sale. 

However, if they are minors, then you ll have to take a chance for small risk. But you must know that Karta has right to dispose of the family property for benefit of the family. So the challenge to sale made by Karta rarely succeeds. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab &Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 

 

1 Like

Balaji   08 July 2021

Dear Mr Shubham Bhardwaj,

Thank you very much for your opinion. This is helpful to make my decision.

Regards,

Balaji

Read more at: https://www.lawyersclubindia.com/forum/rights-to-sell-property-received-by-family-arrangement-218696.asp


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