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Does the son of a deceased sister have any right in ancestral property?

Shivendra Pratap Singh

Advocate

21/07/2021

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Question: I have done an agreement for agricultural land 2 months ago and paid 20 lacs. That is ancestral property and the owner is 62 years old, now he has 3 sisters of which 2 are dead. Does the son of a deceased sister have any right in ancestral property? So now do we need the signature of the dead sisters’ children will they have any rights? 

The owner of land is ready to sell and there is no dispute towards the possession. Furthermore, the sons of the deceased sister are not living with the owner and they have never claimed any rights in the property. The owner’s age is 62 but he is a sound mind. He wants some money to meet his medical expenses therefore he has decided to sell his land. The owner has no child and is currently living with his elder brother. 

Can I purchase this land without the signature of deceased sister’s son? This is an ancestral property and the owner is farming on this land without any dispute. villagers are saying that the owner has peaceful possession of the property and her sisters have never claimed any rights in the property. 

Question from Uttar Pradesh

In this situation there is no need to take signatures of the sons of deceased sisters. This was an ancestral property before the partition. After the partition among the legal heirs it became the self acquired property. and the owner has separate possession. 

This property has already been divided among the legal hairs therefore the nature of the property has changed. Now it is a self acquired property..

Signature of deceased sister’s son is not necessary 

The provisions of Section 6 will not apply on this property because The property was divided before coming into force of the Amendment Act 2005.Before the Amendment Act daughter had no right in the ancestral property because they were not treated as coparcener in the joint Hindu family. 

The facts of your case suggest that you can purchase this property without taking permission of other persons. The owner of this property has the exclusive right to sell this property. Owner of this property has a sound mind therefore he can execute the sale deed. The son of the deceased sister has no right or interest in this property therefore his signature is not necessary for effecting the validity of sale deed. 

If this property would be in the joint possession of coparceners then the son of the deceased sister can claim partition of this property

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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