• Can a person sell a property he got from his father without children's consent

I am trying to buy a plot. The plot was purchased by a person "A" . He was a Hindu. He died ind estate without leaving a will. His legal heirs were his Widow " W" 2 sons "S1" & "S2". The Widow "W" subsequently died.
Can I buy the plot for two sons "S1" & "S2" without consent of their children?
Asked 4 years ago in Property Law
Religion: Hindu

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23 Answers

No consent of the children of S1 and S2 is required to be taken.

You are free to buy this property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

you can buy the plot without consent of the children of S1 and S2

2)_they have no share in property during father lifetime

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

The son as per mitakshara hindu law acquires right by birth even in case of self acquired property. Therefore, the consent of all stakeholders in relation to the property should be obtained before transfer.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

The property is received out of succession it is not the self earned property so yes the consent is required of their children .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

children of S1 and S2 have no share in property

2) it is not ancestral property

3) property which has remained undivided for 4 generations is ancestral property

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Hindu law legit children have brith right over the property of parents that is not being self acquired but ancestral so yes it is possible they can claim stake in property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If S1 and S2 are selling the property then you can purchase the same, on expiry of A and W it becomes the self acquired property of S1 and S2 and therefore you may go ahead and purchase the same. The legal heirs of S1 and S shall not have any claim on the same.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Also, before purchasing the same get a title report of the property to see that S1 and S2 have a clear and marketable title to sell the property.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Not at all.

A grandchild does not have any birth right on the self- acquired property of his grandfather.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Dear Client,

Property of A will devolve in his children with absolute right. Grand child have no say in the matter neither any right.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

It is not a ancestral property. The property is a self acquired property of A and during his life time he had settled the properties by way of Will to his legal heirs. Now W is no more. Therefore S1 and S2 are the absolute owners of the property and it is needless to get consent from their children.

Selva Perumal
Advocate, Chennai
329 Answers
36 Consultations

4.9 on 5.0

1) Yes, you can purchase property from his sons as the are only legal heirs of that property. Check the property papers are transferred on S1 and S2 names.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The children of S1 and S2 can stake claim after the death of S1 and S2 on their properties left behind. S1 & S2 are fully competent to sell the property. The stake of grandson on the property of grandfather is only accrue if the father died before the grandfather.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

Yes, they have the rights as it is ancestral and as said earlier, the son or daughter acquires right by birth.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Yes since there is no will the children of s1 and s2 claim right over property as it becomes ancestral property. Secondly if the children are minor just add a note in your sale deed that.s1 and s2 are selling property for the welfare of minor children...

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

After the death of W, the property devolved on S1 and S2 by intestate succession, and they could jointly dispose of it in any manner they wish. Consent of their children is not necessary

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

Any child born in the family is the coparcener in the family property and any sale deed without the consent of coparener is voidable.

The shareholders of the ancestral property sold without the consent of the shareholders may have the litigation and title dispute against the property

You need to get the signature of the title holder as per the revenue records along with the signature of the children as the witness of sale so as to in future they can not claim any title on the subject property

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The property of a Hindu male dying intestate i.e. without a WILL is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956.

As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.

Hence, as per law after the death of W , now S1 and S2 has acquired ownership of the property. The property can be sold upon both consent.

So, you can purchase the said property from S1 and S2 after confirming the same that there are no other direct legal heirs of A.

During the life time of S1 and S2,their children cannot claim the property, specially when the property in question is not ancestral and is a self acquired property of A.

Moreover, you can take a separate affidavit/ or fix them as witness in the transfer paper of the children for your personal satisfaction.

Good Luck

Mohammed Shahzad
Advocate, Delhi
9879 Answers
121 Consultations

5.0 on 5.0

Yes, they can claim in future from the property which s1 and s2 got from his father but not from the property of s1 and s2 acquired from the share of w after her death.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. On the demise of A his share devolved on his widow and two sons. Further, on the demise of mother her share too devolved on both her sons equally.

2. During the lifetime of S1 and S2 their children have no share in the property which former have inherited from their father A. Consequently, S1 and S2 are at liberty to sell the property without the consent of their children.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The Plot can be purchased, with the both the consenting signatures of both the Sons, SUBJECT to that both the deceased died intestate (without will).

2. CHECK, whether the widow too died intestate. The Grandchildren of both the deceased do not have any rights, at this moment, till both the Sons (of the deceased) are alive.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

The property basically belonged to A, and on his intestate death the property devolved on his legal heirs consisting his wife and children.

After the death of one of the legal heirs i.e., the wife, the property now devolvess on the legal heirs alone i.e., the children of the parents.

Now these children are the absolute owners of the property with clear and marketable title, hence their next generation children do not have any rights in the property.

Therefore ther is no necessity to obtain their consent or signature while buying this property by a registered sale deed.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

The property went to Widow "W" and Sons "S1" & "S2" after Father "A" died. Father "A" did not write a will.

The property were enjoyed jointly by "W", "S1" & "S2". Then Widow "W" died. Now Sons "S1" & "S2" are selling.

Is it possible for the children of "S1" and "S2" stake a claim in the property.

After the death the share of the widow shall devolve on her own legal heirs which is again the same sons, therefore the sons are the absolute owners of the property with clear and marketable title io the property.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

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