One of the legal heirs of this deceased son may sell of this property to you.

For the above purpose, he will have to take a power of attorney for this purpose.

This is very much doable.

As per the Indian Registration Act, if the person is not able appear before registering officer, then on request of the concerned the registering officer can come to the house of sick person to execute the document.

Mother has right on deceased son property who paased away inestate.

Even if the property is sold to you she can later claim the share or she will have to file a relinquishment deed thereupon relinquishing her share in the property.

Regards

Deceased son mother has one fourth share in property

2) mother can execute POA in favour of her daughter in law to execute sale deed on her behalf

3) POA should be registered

They all have to signed in your Sale Deed to became rightful owner,.Best option the person who sick can execute a General Power of Attorney or sign and deliver through commission at the residence of person.

See, if the property of the deceased is a self acquired property then it would have vested among all three in accordance with succession law and sure they would have gone to court to get their share separately. Then it is very hard to separate her, but possible if she gifts her share to anyone or to both (son and daughter).

But, if the deceased inherited from the ancestors then their share would differ like there will be three shares first is of the deceased himself then son's then daughter equally. After that again there will be three shares one is of the son then daughter and then of the wife meaning son and daughter would get twice from their mother. Here also very difficult but there is a way out in this.

Eventually find out the type of their share, then would be easy to help you accurately.

Good Luck.

Hi, her mother can give power of attorney to his son and daughter to execute the sale deed on her behalf ..

Don't go for it wait for the mother to recover and take her permission.

Hope my reply helps you

If the mother gives a registered POA to her daughter in law or her grand children if thye are adultthen the personal presence of the ill mother can be avoided.

Another option is to make and complete the registration process on Commission which will be done at her residence only.

1. Mother is a Class 1 heir to her son who succeeds along with the widow and children of her son to his property equally if the son passed away intestate.

2. The property cannot be sold without the signature of the deceased's mother on the sale deed.

Under the Registration Act, make an application to the district registrar sighting the difficulties faced by the seller to bring an elderly Lady to the sub-registrar office and request the authority to register the deed from the residence of that elderly person. Under the rule it can be allowed but the elderly lady should be of sound mind.

Or make an POA executed by the Elderly lady in favour her son's widow to execute and admit the deed before the sub-registrar.

It will be prudent to take a registered power of attorney for sale of her share in your favour from the mother in the mane of any person and thereafter the holder of the power of attorney of the mother can execute the sale deed in your favour on behalf of the mother

Dear Client,

mother along with widow,son and daughter have equal share in the property,

She can execute registered HAQ TYAG of her share in any or all. If she is deep ill, sub registrar may come home by paying requisite fees, for execution of HAQ TYAG ( relinquishment )deed and on the basis of Hay Tyag, they can sell property to u.

1. The mother is still alive. So long she is alive, her share can not be sold by the other legal heirs without her written consent.

2. If she is not movable, you can get the sale deed executed and registered by all the legal heirs by commissioning the registration i.e. making the arrangement where the Registrar himself will go to the place where the executor of the deed resides and take his/her signature on appropriate papers/registers and places where they required.

3. So, you can get the sale deed registered by commissioning the Registration as advised above and during such commissioning, ensure that one Doctor is kept as the witness to depose later on that she was in her perfect mental state, if needed.

Sir

Taking the property is of the Hindu. The deceased Hindu male left behind the property in favour of the legal heirs namely, widow (wife), son and daughter. Each have the equal share in the property.

So, if the widow did not sign in the deed by presenting herself in the registry office before the registrar, her share will not be transfer in your favour.

If she cannot move to the Registry office then you arrange for Commission registry at her place.

Thanks

Sir

Mother have the right in the property of the deceased son, so, the signature of the mother is necessary.

Thanks

she can transfer her share to any one of his son or daughter then get the property transferred to you.

Without the participation of one of the legal heirs of the deceased owner, the sale deed would be considered as illegal and invalid.

If she is sick then prepare the document, pay for the registrar's visit to house to get the sale deed registered along with the other legal heirs at her residence, there are provisions for that.

Hi,

A POA will solve the problem of registration. A power of Attorney should be arranged in favour of any person to sign on behalf of her in the registration.

Mother also having share in deceased sons property except her share other shares can buy