My Father had purchased a piece of land (in Kollam, Kerala) and constructed a house. He is no more and the property in still in his name. We are two brothers. Both of us married. I have two children and he has one. My mother currently lives in the house and is interested in making proper arrangements during her time. There is a complication with my brother's life. He lives away (NOT legally separated ) from his wife. He lives with another lady who has two children from a previous marriage (Also NOT legally separated). Question 1: Can my mother, by brother and myself together sell the property without consent of other parties like his wife, my wife, his partner, and adult children ? Question 2 : My mother wants to write her rights on the property, in my favor. Is that possible. Would that mean that after her time I will have 2/3rd rights on the property ? What kind of deed should be executed to bring this to force.
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1. You, your mother and your brother are the legal heirs and successors in interest to succeed to the estates left behind by your deceased father upon his intestate death.
Neither the spouses of your brother nor yours or the next generation children are entitled to any share in the property.
2. She can execute a registered settlement deed in respect of her undivided share in the property in your favor by which you can be entitled to 2/3share in the property.
1) mother ,you and your brothers are legal heirs can sell property without consent of other parties
2) mother can execute registered gift deed for her share in property
3) you would have 2/3 rd share in property
Yes if it's self acquired property and you are the owners you don't need anybody's consent for selling the same
She can do a registered gift deed in your favour
Dear client,
1. As long as it is not ancestral property, you do not require the adult children's consent as they will not be considered as successors. You do not require anyone else's consent here.
2. Yes, she can execute a gift deed.
Thank you.
1. The property being ancestral, cannot be sold with consent of all legal heirs including grand children of you and brother. 2. If mother transfers he share you will owner of 2/3 of property, remaining 1/3 will go the brother. 3. It is safe to execute a registered partition deed dividing property in three shares. After registration of partition, mother can register gift deed in your favor. Any will executed by mother can be challenged after her. If brother is not ready for partition, you can get the property partitioned by decree of Court.
1. After the death of your father without leaving a Will, his property devolved on your mother and you two brothers equally, by automatic succession, with each inheriting 1/3rd undivided share. You three of you can very well sell the property without anyone else's consent legally.
2. Your mother can release her 1/3rd undivided share in your favour by means of a deed of relinquishment, which should be properly drafted (by a lawyer), executed and registered. After that is done, you will have 2/3rd and your brother 1/3rd undivided share. Alternatively, your mother can write a Will leaving you her 1/3rd undivided share.
1. As per law, after the death of father ,his property would be devolved upon his legal heirs equally i.e. two brothers and mother , and none having right to claim during the life time of legal heirs .
- Hence, you three can sell the property without getting any consent from others
2. Legally you mother can release her share in your favour after executing a registered relinquishment deed to make you owner of her property as weill .
- Further , if she wanted to give the property after her demise , then she can write a WILL in your name.
Thanks for all the responses. It is amply clear that we (Mother, Brother and me) can sell the property without any other person's consent. However one of you said that this is not possible since this is an ancestral property. My father purchased this property with his earnings ( a Sale Deed executed). I read that only an undivided property at the 4th generation becomes ancestral. going by that this is not an ancestral property. What is the legal definition of 'Ancestral Property'. Is this an ancestral property by that definition ?
It is self acquired property of your father and legal heirs are at liberty to sell the property
property which has remained undivided for four generations is ancestral property
Your understanding of the ancestral nature of a property is clear. In your case, you have said it is your father's self-earned asset. Please be guided by my earlier advice in the matter.
If the property was purchased by your father then it becomes his self acquired proeprty.
This property do not come under the category of ancestral property
In that case upon his intestate death the properties left behind by your deceased father shall devolve equally on his own legal heirs consisting his wife and children and his mother (if she is living).
If your mother is willing to transfer her share in the property to your name then she can can execute a registered settlement deed in respect of her undivided share in the property in your favor by which you can be entitled to 2/3 share in the property.
Dear client,
It does not sound like it would be considered as ancestral property since your father purchased it with his earnings. Ancestral property must be inherited within generations and cannot be considered the same if someone purchases it.
Thank you.
Ancestral property is property which is not divided from last 3 generation above him is ancestral
- It is self acquired property and not an ancestral property
- Hence, other than the three legal heirs , none having any right to claim over the property and even their consent not needed to sell the property.