• Question about selling ancestral property of a govt employee

I am a govt emplyoyee.I have some ANCESTROL property.Whether it is essantial govt permission to sell it?
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

you should inform the govt about your intention to sell your property

2) Every Govt. employee (other than a Group D employee) shall once in a year, submit in the prescribed form to the appointing authority a return of moveable and immovable property and other assets owned, acquired or inherited by him or any member of his family.

3) Rule 5: Obligations of a Govt. Employee :

i.

ii. No Govt. employee shall, except with prior sanction of the appointing authority acquire of dispose of any immovable property by lease, mortgage sale, gift or otherwise either in his own name or in the name of any member of his family where such transaction is conducted otherwise than though a regular or reputed dealer. The same condition, shall apply in the case of sale or purchase of movable propertyexceeding

Rs. 5,000/- in value. The said amount raised to Rs. 10,000/- w.e.f. 1.4.2001 as per GO No.: 3571-F dt. 30.3.2001.

Note— The movable or immovable properties owned by The members of the family are either acquired from their own funds or inherited will not come under the provisions of these rules.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Dear Sir.

not essential to take the permission by the government ..

Best Reagards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

rule 5 dealing with obligations of govt employee is clear

2) prior sanction of govt is necessary for sale of immovable property

3) however it is also provided that rule shall not apply for inherited property .

4) you dont need prior permission for sale of ancestral property

5) please intimate the authorities of sale of ancestral land by you

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Please note that permission is required for government employees to purchase new property.

No such permission is required to sell ancestral property.

So proceed to sell the same and pay capital gains tax.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

A govt employee is free to sell his property, ancestral or self acquired, without seeking permission from the government. However, if there is a special law enacted in WB which mandates governmental permission as a condition precedent to sale of property by an govt employee, which I am unaware of, the permission will have to be obtained.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You should consult a local lawyer to know if any permission is required to sell the land or not.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You dont require to take any permission from your office for selling your own property, be it self acquired or ancestral.

You can show the sale proceeds in your income tax returns.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

the land deed is in the name of my grand-fatherand parcha/record is in the name of my father.my father died long ago.I am a West Bengal Govt. Employee.Whether i can sell my part with out Govt permission?Confirm it.

There is no necessity for obtaining permission from our employer for selling your own share of property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

There is no legal requirement to take permission from anybody including your employer to sell your ancestral property which you have inherited.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. This is not called ancestral property legally.

2. it is called your inherited property.

3. You can sell the said property if you are the only legal heir of your father's said property.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. If the title of a property flows for 4 generations i.e. from great grandfather to great grandson without any interruption b sale/gift/settlement/partition deed and/or will, the said property is called ancestral property.

2. your property is your father's property inherited by you which you can sell without taking anybody's permission.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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