25 U.S.C. § 379 — Sale of allotted lands by heirs

This section lets heirs sell land that was allotted to an Indian and held under a trust or other patent that restricted its sale. Adult heirs of a deceased Indian allottee may sell and convey the land they inherited from that person, even though the original patent restricted alienation — meaning it restricted selling or transferring the land. If an heir is a minor, their share can be sold only through a guardian. That guardian must be properly appointed by the right court, and must first get a court order, based on a petition the guardian files. Every such sale — by adult heirs, or by a guardian for a minor — must be approved by the Secretary of the Interior. Once approved, the sale gives the buyer full title, just as if the original allottee had received a final patent with no restriction on selling it. Once land is sold this way by an allottee's heirs, or once land is patented to a "white allottee" (a term this section does not define), that land becomes subject to taxes under the laws of the state or territory where it sits. There is one exception: this rule allowing sale does not apply to a homestead while the father or mother is still living, or while any child who lives there is still a minor.