Dear Sir,
You may file a suit for partition claiming your share saying that it belongs to your father as such your mother has no right to sell the property without giving your share.
Can my mother sell the property which she acquired after my father's demise, without my consent
My father did not leave any will. My father left 2 properties. The first property was a house built on a revenue site. My sister and mother have already sold the first property without my consent, signature or knowledge. The second property in question is a apartment in Bangalore. A new sale deed was registered on my mother's name after my father's demise and the apartment was transferred to my mother's name. I am my Sister are Consenting Witnesses on the sale deed. Now my sister is pressuring my mother to sell the apartment too. Can my mother sell the apartment without my consent and signature ?
Asked 4 years ago in Property Law
Religion: Hindu
13 Answers
1. In view of intestate death of your father, all his movable and immovable properties devolve equally to his Class-1 legal heirs. In other words, your deceased father's mother (if alive), your mother, you and your sister are entitled to equal share in the property.
2. In respect of 1st property, you had an equal share and right.
3. Regarding the 2nd property of your deceased father, i.e.,apartment in Bangalore, you have equal share in it. If you have not executed a Release Deed relinquishing your individual share in favour of your mother or sister, then you will have a right over it. If such is the case, your mother can't sell the apartment without your consent and signature.
1) you can file suit to set aside sale deed for first property as you had one third share in property
2) in respect of second property it was registered in your mother name with your consent
3) you can seek stay order restraining mother from selling the property
Mr.Sethi, In the new sale deed which was drafted after my father passed away, I and my sister are mentioned as Consenting Witnesses, with our signatures on the 4th page of the sale deed, under the title Schedule B. Does being "consenting witnesses" mean that I & my sister have waived all the right over the property and my mother is the sole beneficiary of the property and she can sell it to anyone she wishes, without my consent ?
Asked 4 years ago
Being witness does not mean that you have waived your rights on property
you can file partition suit to claim one third share in property
If the said property stands in the name of your mother, then she can sell her said property to anybody she feels like without anybody's consent.
Yes, since your mother is the sole title holder of the said property, she can sell it without your consent.
If the property was on your deceased father's name by a registered document then who executed the registered sale deed on your mother's name?
A third party having no rights or interests in the property cannot execute the registered sale deed in your mother's name.
If you and your sister have executed a registered release deed relinquishing your rights in the property then your mother becomes the absolute owner of the property with clear and marketable title to the property.
In that case you cannot claim any share in the property as a right.
You may revert with more details.
If the property belonged to your deceased father by a registered sale deed then who executed the registered sale deed in favor of your mother?
You may answer this question which will unravel the mystery and provide you more proper opinions and suggestions for further legal course of action.
1. Who executed the new sale deed for apartment?
2. If the sale deed is executed in your mother's favour alone for the apartment then she is the absolute owner of it, therefore she is free to sell it without your consent and knowledge.
3. Being a consenting witness is not tantamount to waiver of rights but the courts seldom countenance the claim of a consenting witness to sale deed qua.
Sometime after my father passed away, I, my mother and my sister visited the BDA & Registrar office with the death certificate of my father. The sale deed was drafted there, with me and my sister being present there and signing as consenting witness on the new sale deed. The Sale deed mentions " THE DEED OF SALE executed on so and so date by the Bangalore Development Authority, Bangalore, represented by its Deputy Secretary........."
Asked 4 years ago
Being consenting witness does not amount to relinquishment of rights on property
From the contents of your latest post it can be observed that there was no registered sale agreement in the name of your father except that there was a sale agreement in his favor.
Now on the basis of the consent given by other shareholders or legal heirs of your father, the BDA executed the registered sale deed in favor of your mother before the concerned Registrar.
This establishes the absolute and marketable title of the property in favor of your mother.
Being the absolute owner of the property, it is now your mother who can decide to Aileen or transfer the property to anyone of her choice as per her desire and decision.
Your mother can sell this property to anyone as per her own decision, you cannot object because this property now becomes your mother's own and absolute property
1. The sale deed has been executed and registered in favour of your mother which was consented by you and your sister.
2. You have no apparently valid reason to deny that you had consented for registering the said sale deed in favour of your mother.
3. Since the title of the property stands in the name of your mother, she can deal with the property in any way she feels like without the consent of anybody including you.
You better opt for consultation with documents.