Hi, I am buying a property from a lady (whose husband passed away almost ~8 years back). She had bought a piece of land on her name. She claims that, this land she has bought from the money which she got after selling her portion from her father property. She has 2 married daughter & 1 married son. Now, 1. 1 of her daughter & daughter husband is no more and they have kids 2. 1 son is no more, as he married he has got wife & daughter 3. 1 more daughter married and have kids The question is, whoever is living in the list mentioned above, can they raise any voice against her selling her property( may be when she is alive or after her death)? If yes, then should I need to take any one (/all) consent/witness or make them as party in Sale Deed??? Thanks for reviewing and your answers.
Dear Sir,
It is her self acquired property and no body has any right to object. However to avoid future frivolous suits you may take consent of those other related persons. Nothing to worry. Just take the possession and enjoy the property. For more transparency get bank loan as they go through each and every document.
Dear Concerened,
AS mentioned by ur good self that the property has been purchased by the lady and with her own funds and in her own name. If u r purchasing the same directly from her then she has got the right to sell the same to any one of her choice and discretion as the same is a self-acquired property. The Sons or daughters can only seek their right if the same is an ancestral undivided property.
Regards,
1. Since the property is the mother's self acquired property, she has absolute right to decide about the property to either retain or to sell, gift, etc.,. In the instant case, she wants to sell the property to you. During her lifetime, she can sell her self acquired property to anyone, including you and there's no need to get permission from anyone, including her children, her daughter-in-law, son-in-law, grandchildren.
2. Anyone can raise voice against her selling her self acquired property, even though apart from her, no one has any right over her self acquired property.
3. Those alive include kids of one deceased daughter, daughter (alive), daughter-in-law and son's daughter and their signature is not required, as the property you are buying is the self acquired property of the seller.
If it is self acquired property of lady consent of her daughter , son legal heirs is not required
- You can get papers verified the history/records of property.
- If property was purchased by women from money 8 years ago then there is no problem.
No consent from anybody is required.
No, since this appears to be a self acquired property of this lady; as you say that she bought this property from her own funds(money she derived after selling her share of property which she inherited from her father. )
Hello,
This property belongs to that lady who is the seller.
Nobody whether living or legal heirs of the dead heirs can claim any share in her property as a right.
She do not have to obtain permission or consent from her children or the legal heirs of her deceased children to sell this property to the prospective buyer.
She being the absolute owner of the property with clear and marketable title to the property, you need not have to be worried about the consent of the third persons to execute this registered sale deed in your favor.
However to exercise abundant caution, you may obtain a legal opinion from a local advocate about the genuineness of the property and proceed only when recommended.
Dear Sir/Ma'am,
1) As you have mentioned that the property is self acquired property of the women that she has brought with her sole funds, she will be the sole owner of the property with right to dispose the same as per her own wishes.
2) The children of the mother do not have right to claim her property during the time when she is alive. Thus the consent of children whether married or otherwise is not needed.
3) You should check all papers and registration details of the property.
Thank you
Legal heirs of deceased daughter, deceased son and surviving son and his legal heirs can challenge the sale by mother. It is legal necessity that you obtain consent of all legal heirs, all means all except minors.
The property was purchased by the widow after the death of her husband. Ahe bought it from the money she obtained from her share from her father's property. So the husband had no share in it. The children too don't have any share. She is the aole owner of the property. But verify this. What happened to her husband's property/money after his death..
- If the said property is in the name of that lady , then legally she having right to sell the same and none having right to claim including the given list above.
- Only after the death of that lady they will have right and not during her life time being the self acquired property , hence their consent is not necessarily needed for purchasing the property .
1. Since she is the absolute owner of property she is free to sell it during her lifetime to anyone she desires.
2. None of her heirs has any right, title or interest in the property during her lifetime.
3. She does not require the consent of any of her heirs to sell it.
1.. If she has purchased the property in her sole name from the fund she has got by selling her share of her father's property, then she can deal with her said property in any way she feels like including selling it, with the consent or knowledge of anybody including her legal heirs.
2. To avoid any future problem you can ask all her legal heirs to sign the sale deed as consenting parties/witnesses.
