Your father is at liberty to sell the property
2) property which has remained undivided for four generations is ancestral property
3) consent of daughter is not necessary to sell the property
Selling a property acquired through partition deed in 1968
Hello Sir, My Father had acquired some land through Partition Deed executed in 1968 Andhra Pradesh. By the time of executing partition deed his father was expired and deed was executed in his mothers presence. My father has 2 sons and 2 daughters and due to economical issues He is willing to sell this property but my sister is not willing to sign. Can you please guide on the rights of my father and how to proceed further. My Fathers siblings does not have any issue now and the only issue is with his one of the daughter. Thanks, Rama Krishna
Asked 4 years ago in Property Law
Religion: Hindu
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9 Answers
The property is a joint ownership property and hence all the shareholders have equal rights. Therefore if she is refusing to go ahead then you should file a partition suit and then share your share of the property.
The property is not an ancestral property.
If it's a self acquired property of your father through partition his daughter can't create any issues. Only if the said property is ancestral she can create issues
Your father is one among the legal heirs of your deceased grandfather hence he is entitled for a legitimate share in the property.
If his sister is not cooperating then he has no other option than to file a suit for partition to claim his legitimate share with separate possession.
the property came to your father's share pursuant to a partition deed
so the property became his self acquired property
the partition deed is not challenged by your sister
so when your father is alive where is the question of taking any consent of your sister
she is merely a presumptive heir
she may or may not succeed to this property that had gone your father's share on partition
she has no right whatsoever till the time your father is alive. also she will have no right in the property if your father excludes your sister in his Will by bequeathing the property to a complete stranger
so i do not see any need for your sister's signature at all
if she has any claim then she has to approach the court and get a stay order against the proposed sale by your father
in absence of any stay order of court your father is at full liberty to sell the property without signature or consent of your sister
it does not matter that your father's father was not alive when the partition deed was executed
the fact that the partition did take place and that partition is not challenged by anybody including your sister
- Since, your father got that property by way of partition deed , then after getting this property it is converted into self acquired property , and hence he having his right to sell the property without getting consent of any person including your sister.
- Further, sister and anyone else having no right to claim in this property during the life time of your father.
Dear Client,
As per the information provided by you, it is apparent that your father is the rightful owner of the land acquired through partition deed.Hence, he has the absolute right to enjoyment of the property and can definitely sell his property even if his daughter objects to the sale and does not sign.
Thanks & Regards
Dear Querist
Once a partition was done between the parties or the shareholder of the property then those partitioned portion shall be deemed to be a self acquired property and your father is the only and absolute owner of that property and the consent of daughter is immaterial. he may sell the same without any hindrance.
If your had acquired the property through a partition, it became his absolute and exclusive share. He can legally sell it to anyone without the consent of his sons and daughters.
