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 3 years ago in Property Law from Hansi, Haryana
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
Thank you so much sir. Can he also gift this property?
Asked 3 years ago
1) yes grand father can execute gift deed of the property if he so desires
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.
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.
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.
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.
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.