The property is yours constructed by you with your money and hence nobody has any share in the property irrespective of the fact whether they are living in it or not. Therefore you are free to proceed ahead.
I purchased a land and constructed a Duplex house but due to some conflicts at home I am looking to sell the property. It was bought from my own earnings and savings from the last 12 years and there is no contribution of anyone in the property. Currently my mother is living in the House, can I sell the property without her consent ?
The property is yours constructed by you with your money and hence nobody has any share in the property irrespective of the fact whether they are living in it or not. Therefore you are free to proceed ahead.
If the Ownership of the property is in your name, then you can individually sell that property without anyone's consent. Yes if your mother is living in that property and then the new owner should be informed about it before hand, else he might file a case of eviction against you and your mother.
1. You have absolute right to sell your self acquired property without obtaining permission from anyone, including your mother.
2. As per Muslim Personal Law, property owned by an individual is treated as his personal property, whether it's his self acquired property or ancestral property. There's no classification of property as self acquired or ancestral property.
There is no legal hurdle to sell your own property.
If your mother is under your care and custody, you can arrange for an accommodation to her outside this house and sell the property to the prospective buyer.
Your mother cannot claim any rights in your property neither residence from you though she may be eligible for claiming monthly maintenance amount from you if she is not having sufficient means or source of income to sustain her expenses.
If he is refusing to vacate then you can issue a legal notice to her vacate the property for the reason that you're intending to sell the property, if she is not complying with the demand, you may even file a suit to eject her from the property.
Hello,
Thank you All for your prompt and helpful response. One more question: If I want to give the property on rent till the time I find a buyer can I do that? Considering that alternate accommodation and maintenance is provided.
Yes you can proceed as planned.
There's no embargo in this.
It is your own property hence you can decide about what you can do with it.
You are at liberty to sell the house without your parents consent as it is your self acquired property
1. If the sale deed is registered in your name then you are the absolute owner of property. Hence, you are free to sell it with no fetters on your right to sell.
2. You can give it on rent too.
You can sell, you can rent, you can do whatever you want
It's your property
But please take care of your mother!
You are absolutely free to take any decision regarding your own property. You can let it out on rent till you find a suitable buyer. Anyway you would be providing alternate accommodation and maintenance to your mother.
Hello,
Yes, you sure can put the property or rent or do any transactions as you choose without any hindrance and legal impediments.
Yes, you can rent and/or sell the property as your wish. Plus you're able and capable to provide alternate accommodation is provided to your mother.
- Yes, it is your self acquired property.
You can do whatever you want to do with it.
Mother have to be provided accommodation and maintenance as per senior citizen protection act.
- You can definitely give the property on rent.
- Mother can be provided alternate accommodation and maintenance.
Dear Sir,
1) Yes you have right to sell your self acquired property as you wish and to whomsoever you wish.
2) The mother cannot deny your selling of property and her consent is not needed for the same.
3) If you are sole carer of your mother she can claim maintenance. You should provide her with alternative accommodation.
4) Yes you can rent the property as planned
Thank you
You have every right to sell the property without consent from any family members. It is your self acquired property, no one can take objections against sell by you.
- Since you have purchased this house with your fund , then it is your self acquired property , and you having your right to sell to anyone without taking the consent of your mother or other family members.
- Yes, you are also fee to give that premises on rent without taking consent of anyone , however legally you are under the obligation to support your mother.