• Objections to sale of ancestral property

There is an ancestral property more than 40 years old of my grandfather in 3 person's name: uncle, aunt and me.My grandfather died 40 years back. He is is survived by grandmother and her three children. I am her grand son, son of one daughter. My grandmother dierd in 2010. She before her death made a will stating that the property should be inherited in 3 persons including me. Want to sell the property 2 persons agree, 3rd person not agree.  All 3 people reside in 3 different states of India. Will made by grandmother clearly states that if 2 persons agree but 3rd person not agreeing then 3rd person will have to comply by majority view. The property is yet in grandfather's name in Muncipal and the housing society records. This 3rd person will not even agree for transferring the house from grandmother's name to all 3 living successor's names. Can the property be sold with 2 people agreeing and 3 rd person disagreeing ? Any solution ?
Asked in Property Law from Ahmedabad, Gujarat
Religion: Christian
1) on grand father detah intestate property would devolve on grand mother and her 3 children 

2) your grand mother can make a will only in respect of her one fourth share in property 

3) apply for transfer of property in name of the legal heirs enclose grand father and gran mother death certificate . 

4) then you cna sell your share in property

6) under section 44 of transfer of property act co owner cans ell his share without consent of other co owners 
Ajay Sethi
Advocate, Mumbai
28455 Answers
1543 Consultations

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There is no concept of 'ancestral property' in case of Christians. The property can be sold only in terms of the will. The will needs to be perused to advise you, but it seems that a partition suit by you is the only remedy. 
Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

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First of all this is not ancestral property, but it was your grandfather's property.
Secondly, your grandmother has no rights to bequeath entire property in the manner she felt by making a testamentary disposition because upon your grandfather's intestate death, this property devolved equally on all his legal heirs consisting his wife and three children. Therefore your grandmother had only 1/4th share in the property, hence he cannot claim ownership to the entire property therefore the will is invalid and not enforceable as your grandmother did not have marketable title to the entire property left behind by your grandfather. 
Next, during the lifetime of your mother, you cannot claim a share in it.
Now since the property devolves equally on all the residual three legal heirs of your grandfather, each heir shall be entitled to 1/3rd share in it. 
If one among them is not agreeing to partition and divide the properties among themselves, then partition suit and relief of separate possession shall be the only option before you now. 
 
T Kalaiselvan
Advocate, Vellore
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176 Consultations

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