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Parent died can the house be sold or lease without consent of others


15-Feb-2023 (In Property Law)

A parent died leaving behind 6 children ( 4 daughters and 2 sons ) Can a land or house be leased on rent, or sold or constructed without the consent of anyone of them?

Answers (3)

Answer #1
700 votes
After the death of farther or mother both of them then the class one heirs are the owners of the property by way of succession if they are belongs to Hindu religion. For vegging a correct replay need more things about religion,the property is in whos name? etc/..
Answer #2
706 votes
The query is deficient in material facts. It appears that the property belonged to the dead person and he had died intestate (i.e. without leaving Will). If so, the property is jointly vested in the spouse and the children. Any transaction should necessarily involve all the joint holders.
Answer #3
711 votes
If the land belonged to the parent, on his death, all the legal heirs became the owners. Therefore without the consent of all of them a valid transfer (lease, or sale etc) cannot be done. The right of he legal heirs in the property is determined by the personal law applicable to the parent.

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