If the property has been mutated in the name of beneficiary , he can sell it you. His child does not get a right in it. The minor child witness shall have no validity. If father is alive, get him as a witness.
Sale deed
Hello Sir, Im planning to purchase a plot of land in outskirts of Bangalore. The present owner has got this property through gift deed from his father. The present owner has a son of 9 years old. My question is, Does his 9 year old son has a right in the property which they are selling? How show we include 9 year old son in the sale deed. My seller is saying that we include his son as witness who will be represened by his father. Please suggest.
Asked 10 years ago in Property Law
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4 Answers
Hi, it is better go through the entire document and we will able to give proper opinion.
As the property was transferred to the present owner through a gift deed by his father the former is now the absolute owner thereof. His son does not have any right therein. If the father of current owner is alive then he can be roped in as a witness. Get the gift deed and document of mutation vetted by a lawyer to ascertain if the transfer of ownership is complete in accordance with law.
1) once gift deed has been executed donee is absolute owner of the property . he can dispose it as he pleases .
2) minor son does not have any right on said property . father of minor can be a witness
3) consult a local lawyer . check whether document is duly stamped and registered .
