In a landmark judgment Supreme Court has ruled that a single legal heir can now sell an entire ancestral property without needing the approval or consent of other family members, under certain conditions.
The Supreme Court’s decision centers around the interpretation of legal ownership and the rights of co-owners in inherited or jointly owned property. According to the new ruling, if one legal heir is able to prove their individual share in the property and meets specific legal criteria, they can legally initiate the sale of the entire property, even if other heirs disagree.
The ruling draws from existing provisions in the Transfer of Property Act and interpretations of co-ownership under Indian law. The court emphasized that a co-owner’s right to their undivided share allows them to transfer or sell that interest, even if the property hasn’t been physically divided.
This means that the law does not mandate consensus among all heirs for selling a property, unless it has been officially partitioned or legally restricted by a will or agreement.
This new legal development could have far-reaching implications on property inheritance, joint ownership, and familial rights in India and beyond.
Amit Goyal, Managing Director, India Sotheby’s International Realty shared his views, “The recent Supreme Court verdict allowing a legal heir in constructive possession to sell inherited property without unanimous consent is a landmark step toward simplifying real estate transactions in India. It offers much-needed clarity and relief in situations where prolonged disputes among heirs have historically delayed or derailed legitimate deals. This move not only empowers rightful stakeholders but also brings greater confidence to genuine buyers and investors. As an industry, we welcome this progressive judgment that balances legal responsibility with commercial practicality.”
