Can one heir sell property without others' permission or partition?
A father owned a self-acquired house and had three children—two sons and a daughter. He died long ago when all children were minors. Can one legal heir sell any part of the property without partition and without consent of the others? If not, please provide the relevant legal section or ruling.
No legal heir can unilaterally sell inherited property without the consent of other heirs and proper partition. Under the Hindu Succession Act, 1956, all legal heirs acquire an equal and undivided share in the inherited property. Any sale or transfer made by one heir without the consent or partition is not legally valid and can be challenged in court. The Supreme Court in Durga Prasad v. Debi Charan (1979 AIR 1760) clearly held that a co-owner can only transfer their own undivided share, and such a transfer does not bind the interests of other co-heirs. For further legal assistance contact us on our helpline number.
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