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Can inherited property be sold
05-Sep-2023 (In Property Law)
My property has been bought by my grandfather in 1948. Same had been partitioned during my father's time and half was settled to my father's brother. Now my father is no more and the property is in my name and mother's name. My sister's have gifted their part to me which is included in the land document. Now my mother and me want to sell this property. Can we do it. And one more question is that for selling this do I need to ask the consent from my wife.
Once the property was partitioned between your father and his brother by metes and bounds, all the legal heirs of your father are entitled to an equal share in it, after his lifetime. As your sister has relinquished her share in your favour, you and your mother can legally dispose of the property as you wish. Your wife's consent is out of the question.
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Adv. Swaminathan Neelakantan
Coimbatore | 700+ Answers
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From your query, since this is ancestral property, which has been partitioned, after your father, existing direct legal heirs have rights over the property i.e. your mother, yourself and sisters have equal share. Grandchildren who were there at the time of your father's demise also will get rights. If so their consent might be required.
Since your sisters have provided a gift deed, your mother and you can jointly sell the property.
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Adv. Hema Srinivasan
Chennai | 25+ Answers
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