Title 25 — IndiansRelease 119-73

§379 Sale of allotted lands by heirs

Title 25 › Chapter CHAPTER 10— - DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE › § 379

Last updated Apr 6, 2026|Official source

Summary

Adult heirs of a deceased Indian who had restricted or trust allotments may sell their inherited land. Minors’ shares can be sold only by a court-appointed guardian after a court order. All sales must be approved by the Secretary of the Interior. When approved, the buyer gets full title as if there were no restrictions. Land sold by heirs this way, and land patented to a white allottee, becomes subject to state or territorial taxes. The homestead cannot be sold while a parent is living or while any child is still a minor.

Full Legal Text

Title 25, §379

Indians — Source: USLM XML via OLRC

The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.

Reference

Citations & Metadata

Citation

25 U.S.C. § 379

Title 25 — Indians

Last Updated

Apr 6, 2026

Release point: 119-73