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Is it legal to sell ancestral property without consent of legal heirs
30-Mar-2023 (In Property Law)
We are Indian christian family having ancestarial heridetary agricultural property in mumbai. In the year 1981 my grandfather sold this ancestral agricultural land as his name was in record of rights. My question is whether my grandfather sell this ancestral property without my grandmothers and their childrens ( matured,all above 18 years ) taking their conveyances and not taking them into consideration in selling land. Is there any section in heridatory act or indian succession act that can help us to state that this sale is bad in law ??
Yes, you can challenge that sale transaction which was committed by your grandfather without obtaining the consent of his family members.as per the provision of Indian succession act ancestral property cannot be sale without obtaining the consent from other member of the family and if it is sold without obtaining the consent from other family members then in that case the members of that family may challenge the sale transaction by filing a regular civil suit for declaration of sale-deed null and void from the court of law.
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Adv. Sachin V Prayag
Pune | 25+ Answers
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