Property News | Even if the land is in the name of Satbara, you do not get full right to sell it! Know the important points of the law

Property News: Family disputes over houses, flats or land are not new in India. Especially among families from villages or those with old properties, there is a widespread misconception that “I have my name on the title deed, so I can sell the land without asking anyone”.

However, mere registration in the revenue register does not give complete and exclusive ownership of the property. The nature of the property transaction is of utmost importance for it to be legally valid.

There are mainly two types of property – ancestral and self-acquired. Ancestral property is property that has been passed down from generation to generation.

Every heir is entitled to such property by birth. Therefore, even if the land or house is registered in the name of one person, in reality, other siblings, children or heirs have the right to it.

In such a situation, a sale made without the written consent of all the shareholders can be challenged in court. In many cases, the courts have declared such transactions invalid, causing great hardship to the buyer as well.

However, in some situations, property can be sold without consent. The first situation is self-acquired property.

If a person has purchased land or a house from his own income, he has full rights over that property and can sell it without anyone’s permission. Another situation is a legal partition deed.

Legal experts say that if an ancestral property is divided and each share is registered separately, then such property will be considered personal. Therefore, it is very important to ensure that the property has a clear title before selling it.

Before transacting a property, it will be necessary to verify that there are no debts, tax arrears, court disputes, or stay orders on it.

Obtaining the consent of all heirs is equally important not only for legal security, but also to avoid future family disputes, stress, and costly court battles.