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Sale of ancestral property & purchase of new property
11-Apr-2023 (In Property Law)
We had an ancestral property wherein no will was executed because of which, the said property was later transferred in the name of my mother, me, my brother & my sister after the death of my father. We sold off the said property in the name of my mother (widow) wherein the NOC was signed by all 3 of us (siblings). We now have to purchase a new house in my & my wife's name. Is that possible? As there is no objection from my mother/brother/sister. Are there any legal documents to be made so as to refrain from any future litigation problem? Religion Hindu
Hi,
As per the Hindu Succession Act and Indian Succession Act, as applicable so far to Hindus, All the co-parceners in existence, have a right over the ancestral property and on the properties purchased through the income of such property or through the income recived from selling such property. In view of the above position of law and with respect to facts narrated in your case, If your brother and sister don't have any legal heirs and they are willing to give their no objection, then your mother, brother, sister, or any other legal heir of them need to execute a relinquish deed relinquishing their right, title and interest in the said ancestral property. Contact me for any further clarifications.
As per the Hindu Succession Act and Indian Succession Act, as applicable so far to Hindus, All the co-parceners in existence, have a right over the ancestral property and on the properties purchased through the income of such property or through the income recived from selling such property. In view of the above position of law and with respect to facts narrated in your case, If your brother and sister don't have any legal heirs and they are willing to give their no objection, then your mother, brother, sister, or any other legal heir of them need to execute a relinquish deed relinquishing their right, title and interest in the said ancestral property. Contact me for any further clarifications.
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Adv. Rushil Aiya
Mumbai | 100+ Answers
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