• My great grandfather father's property is divided by settlement

My great grandfather property is divided by family settlement by all his sons. Now will it be considered as ancestral property and also can my grandfather sale his share without consent of his sons?
Asked 1 year ago in Property Law from Hansi, Haryana
Religion: Hindu
1) once property is partitioned by deed of family settlement it ceases to  be ancestral property 

2) your grandfather can sell his share without consent of his sons 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
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1) yes grand father can execute gift deed of the property if he so desires 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Once the property has been divided it loses its ancestral character. Your grandfather is at liberty to sell his share to anyone without the consent of his sons. He can also gift his property.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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If the property of he great grandfather was duly partitioned by his sons, then it loses the nature ancestral property.Your grandfather who enjoys his share of property is the absolute owner of the property inherited by him hence he need not the consent of his children or anyone to dispose  them as per his desire.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1. After execution and registration of family deed of settlement the respective shares belonging to each allottee becomes their self acquired property.
2. Thereafter no share holder requires permission to transfer his allotted share.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Now the status of the property is not ancestral  one.Your grandfather  is the absolute owner of the property so he can create any type of deed for alienation of the said property. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Hello,
1) Once the ancestral property has been divided by metes and bounds by a family settlement the property loses its character as ancestral property and therefore the individual owner of the respective share given to him becomes solely his and does not need anyone's permission or NOC to dispose it off as he desires.

2) The grandfather dienot need anyone's consent including his sons' to transfer by Gift Deed or any other form of transfers not only by virtue of being the absolute owner but also because the division of the ancestral property has been already divided and no one can come in the way of his going to sell or make a gift deed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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