Legal Question in Real Estate Law in India

Can my father sale or transfer our inherited landed property without my consent

We have got some agricultural land and house in my village ,inherited from our fore-fathers.However non of properties are on my name.I stay away from my permanent residence for job with my family,wife and a son.My father stays in nearby city with my brother and his family ,but still we are a joint family.Off-late it's comming to my notice that my father is selling some agricultural land without my knowledge and consent. I want to know whether sale or transfer of our inherited landed property by my father without my consent and signature is legitmate or not and what I should do to safeguard my interest.


Asked on 10/11/02, 4:00 pm

2 Answers from Attorneys

Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Can my father sale or transfer our inherited landed property without my cons

It is illegal to sell Inherited Joint Family Property whether agricultural or any other property inherited by your fore fathers, but there is an exception to the above law, i.e. in case of economic needs, the father as the kartha and manager of the Joint family can sell the immovable property, until the economic needs are there it is not legal and it is not binding even if it is sold, You have to correspond with your father and tell him that you are not interested in selling the land, find out why he selling the land for what purpose he is doing this.

To stop the sale you can go to court, and take an injunction not to sell the property. but before going to court you have to discuss with your father and other brother, then if no settlement is arrived, then and then only you proceed to court.

Balasbramanya.B

Advocate.

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Answered on 10/12/02, 10:22 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Can my father sale or transfer our inherited landed property without my cons

I am in agreement with the reply opinion of Mr.Balasubramanya Beeranna posted to your query on 12/10/2002.

In the absence of any legal necessity, your father, as a Karata of HUF, is not entitled to transfer and alienate any joint family properties and you can challenge any such transfer or sale.

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Answered on 10/13/02, 2:59 am


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