• Can a son sell his self acquired property (it was bought from his own money) without parents consent

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 ?
Asked 3 years ago in Property Law
Religion: Muslim

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21 Answers

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.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

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.

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

Hello,

  1. There is no impediment for you to sell the property and you don't need the consent of your mother to do so either as she does not have any inherent rights in the property.
  2. However, if your mother is a dependent and has no source of income to support her and has no other place to reside, she may succeed in staying on until alternate accommodation is provided. If she is financially independent and/or  your father has his source of income, then you are not liable to maintain her.
  3. Once you sell the property, you can intimate the mother that it has been sold and she needs to vacate.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

Yes that can be done. 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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. 

T Kalaiselvan
Advocate, Vellore
87794 Answers
2364 Consultations

Yes he can sell it without anyone's consent as the same is his self acquired property

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

You are at liberty to sell the house without your parents consent as it is your self acquired property 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7899 Consultations

You are at liberty to give premises on rent 

 

enter into registered leave and license agreement 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7899 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30814 Answers
974 Consultations

You can sell, you can rent, you can do whatever you want

It's your property

But please take care of your mother!

Yusuf Rampurawala
Advocate, Mumbai
7762 Answers
79 Consultations

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. 

Shashidhar S. Sastry
Advocate, Bangalore
5463 Answers
330 Consultations

Hello,

Yes, you sure can put the property or rent or do any transactions as you choose without any hindrance and legal impediments.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

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.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

Yes sir you have the right to give it on rent or sell it off. 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

-   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.

Ankur Goel
Advocate, Bangalore
454 Answers

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

Anik Miu
Advocate, Bangalore
10417 Answers
121 Consultations

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.

Ravi Shinde
Advocate, Hyderabad
4475 Answers
42 Consultations

- 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.

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

Yes, you being the owner of this property, it is your call as to in what manner you wish to utilise it. You can rent it out and no nee d to seek any ones permission 

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

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