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Author Topic: sale of ancestral property without consent of grand children  (Read 1355 times)

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Offline Neptune07

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We live in a house built by our grand father almost 45 years ago. After his death, the ownership transfered to my grand mother. They have three sons, my father being the eldest. The youngest son, my 2nd uncle has not married and stays with us. Their 2nd son, my 1st uncle, has married and had separated from this house 30 years ago. The property lies in the cantonment area. And after death of my grandmother, the ownership was not legally transferred in the my father's name. It was mutually decided that both uncles did not want any share in this property and that it may be transfered in the name of my parents jointly as my father had a signature problem. Recently a year back an application was submitted to the cantonment authorities for transferring the ownership to parents name.  Meanwhile, my faher expired and the issue still stands on the ownership still not being transferred in the cantonment records. My uncle is planning to make my mother sell the house and migrate some where else due to health issues.

My question pertaining to the above scenario is that can my mother sell the house even if it is still not been transfered in her name. My grand parents have not left a will behind. If the house needs to be sold, is the consent of us grand children necessary???

Offline advkkreddy

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Re: sale of ancestral property without consent of grand children
« Reply #1 on: July 02, 2014, 09:05:43 PM »
All surviving legal heirs have a share in ancestral property
Champion in law of Torts in India


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