Your understanding is correct
it is not ancestral property and Sachin 3 children were entitled to sell the property by execution of sale deed
Joint Sale Deed
The property was purchased by Mr.Sachin with his own money and died intestate .Mr.Sachin had 3 children One Son and Two daughters .Wife of Sachin died before Sachin . The sale deed was executed in Joint Name of One Son and Two Daughters . The Purchaser purchased the property which was in the Joint name and the property has been registered in the Purchaser name . The Amount was divided equally and paid to the Sellers . There was no consent taken from the heirs of the Sellers ,since it was in Joint name of Sellers . This cannot be a ancestral property because it is purchased by Mr.Sachin from his own money and since the Children of Sachin owned the property in Joint name ,they have the right to sell it to Any body. Kindly clarify
Asked 1 year ago in Property Law
Religion: Hindu
9 Answers
1. This property is inherited by Sachin's children, i.e., one son and two daughters, after his intestate death and Sachin's wife had predeceased him. Then in the hands of one son and two daughters, this property will be separate property having the characteristic of self acquired property.
2. It's not Ancestral property, as the property was the self acquired property of Sachin and later on inherited by all his legal heirs, which has the characteristic of self acquired property.
3. The children of Sachin, viz., One Son and Two Daughters had the Absolute right to dispose of the property to anyone or retain the property. Even the Sellers' legal heirs have no right over the property and it's absolutely legal to have not taken their consent.
As per the information mentioned above, makes it clear that the property is in the joint name, makingbit the right of anyone to get it executed via sake deed to a third person.
The main point for the consideration is that the amount so given must be divided amongst all having their joint name in the prior sale deed.
Thereafter, there is no question of law on that putting the sanctity of the present sale deed.
Rest, more information could be given once having the documtnes in hand and the contents of the prior sale deed as most of the time the language that creates problem in future.
Regards
What is that you wanted to clarify in this.
If the vendors were having joint title in the property and all the three vendors/legal heirs have executed the sale deed jointly in favor of the buyer, then the sale can be treated as a valid sale deed.
Therefore there is no legal infirmity in this sale of property executed by the successors in interest in favor of the prospective buyer
- As per law, after the demise of Sachin ,his self acquired property would be devolved upon all his legal heirs equally i.e. his son , daughter and wife will get 1/3rd share in the property each.
- Further being the legal heirs , each having his right to sell their respective share without getting consent of others.
- Hence, the said son and daughters can sell the property jointly without taking consent of any other family members and the sale deed is valid.
Dear client,
I am sorry to hear that but in this case since the property was acquired by both the parents and they died interested that particular property will be divided among the children equally as for the law even though it is not answer but self acquired property and yes the children have the right to sell the property but they have to see the consent of each other before doing so.
These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard.
In case of Maktul vs. Mst. Manbhari & Others (1958) Supreme Court held that 'ancestral property' used in the ordinary meaning, viz., property which devolves upon a person from his ancestor and not in the restricted sense of the Hindu law which imports the idea of the acquisition of interest on birth by a son jointly with his father. In case of a classified ancestral property that has remained undivided, four generations of the male lineage have their claim. Basically, the father, the grandfather, the great grandfather and the great-great grandfather have inheritance rights over an undivided ancestral property. This means, say, on Ram’s ancestral property, his son Shyam, Shyam’s son Ghanshyam and Ghanshyam’s son Radhe Shyam have inheritance rights.
As per Hindu Law, a person automatically acquires the right to his or her share in the ancestral property at the time of their birth. An ancestral property is the one which is inherited up to four generations of male lineage. A property is regarded ancestral under two conditions - if it is inherited by the father from his father that is the grandfather after his death; or inherited from the grandfather who partitioned the property during his lifetime.
As per the facts you mentioned, the property cannot be ancestral in nature as per the settled law in India. Detailed discussion is required in such cases with complete facts (documents).
You may contact my secretary to connect with me for clarification.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
If the said property has heirs then their consent is mandatory. You need to go for cancellation of that sale deed by filing a civil suit
1. You are absolutely right.
2. The property was purchased in the names of 3 children of Sachin, since deceased.
3. The said property was jointly sold by all the three title holders and the sale proceed was equally divided between all of the said three title holders of the property.
4. The transaction has legal sanction and is alright.
