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Title 25 — Indians

Chapter 10 — Descent and Distribution; Heirs of Allottee

§ 379. Sale of allotted lands by heirs

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 57–888 § 7 · 32 Stat. 245

    Enacted · 25 U.S.C. § 379

    (May 27, 1902, ch. 888, § 7, 32 Stat. 275.)

    Source evidence

    Code source credit
    (May 27, 1902, ch. 888, § 7, 32 Stat. 275.)

    Enacted provision · exact public law section
    Sec. 7. That the adult heirs of any deceased Indian to whom a trust Lands inherited from Indians may be conveyed in fee. 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 Minors. shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition tiled 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 Taxation. 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, Proviso. Restriction. 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.

1 of 1 references resolved to an enrolled provision

Credits

(May 27, 1902, ch. 888, § 7, 32 Stat. 275.)

Parsed from the official OLRC USLM XML in data/usc_all/usc25.xml · release point 119-108 · OLRC build 2026-05-06

USLM identifier /us/usc/t25/s379