When, under the circumstances stated in Section 1, the possible claim of persons not in being affect only an undivided interest in the full fee simple title to a tract of real estate, such undivided interest only may be sold under the provisions of this act, and the title to the other undivided interest therein shall not, in such case, be affected by said sale.
§ 1147.2.Possible Claim Affecting Undivided Interest
Chapter 20: Actions Regarding Real Property · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1147.2 limits a court-ordered sale under this act to the undivided interest affected when an unborn person's possible claim reaches only part, not the whole, of the fee simple title.
Full Text of § 1147.2
Amendment History
Laws 1953, SB 59, p. 58, § 2, emerg. eff. 6/1/1953.
Plain-English Summary
Not every future interest covers the whole property. When the possible claim of a person not yet in being touches only an undivided interest in the tract -- rather than the full fee simple title -- the sale authorized under this act reaches only that undivided interest. The other undivided interest keeps its title untouched by the sale.
Frequently Asked Questions
What if the unborn person's possible claim only covers part of the property's ownership?
Then only that undivided interest can be sold under this act; the rest of the title isn't affected by the sale.
Does this section create a separate sale procedure?
No, it applies the same procedure from Section 1147.1, just scoped down to the affected undivided interest.
What happens to the other undivided interest in the property?
Its title is left untouched -- the sale doesn't reach it.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: undivided interest sale future interest oklahoma12 O.S. § 1147.2partial fee simple sale unborn heirsoklahoma undivided interest trust sale