The property of the woman belongs to her and no one else. Therefore she can sell it to anybody without anyone's permission. Her son/daughter has no share in it. She may choose to give it to anyone.
India: Can a person sell inherited ancestral property without permission from children?
If a woman with a son inherits property (from her deceased parents) and then wants to sell that property a) can she sell the property without specific permission from her son who is over 18 ? b) can she then give part or whole of the proceeds of the sale to her husband who has no stake in the property? Property is in Kollam, Kerala Thank you for your kind answer.
Asked 3 years ago in Property Law
Religion: Hindu
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14 Answers
Mother can sell property inherited by her from her parents without son consent
2) she can give share in sale proceeds to her husband
No he needs consent from all legal heirs
a) If the woman inherits her property from her parents, it becomes her absolute and exclusive one. She can deal with it in any manner she deems fit. For selling that property, her son's consent is not at all required.
b) Yes, she may do so. There is no legal bar.
Seeing two different answers... 3 say she does not need anyone's permission, 1 says needs permission from all legal heirs i.e. her son. Still not sure which is the correct answer.
Asked 3 years ago
1. No. She has to obtain permission from her son, as he is one of the legal heirs to the ancestral property.
2. Out of the proceeds, she will be independent to dispose off the proceeds according to her sweet will and pleasure, including giving it to her husband.
No permission is necessary for sale of property by mother
1. The property inherited by a woman from her parents or husband's side shall become her own and absolute property. She need have to obtain permission or consent from her children or anybody to sell or alienate the property in any manner.
2. Since it being her own and absolute property, she has full rights to transfer either in parts or entirely to anyone of her choice including her husband, nobody can object to this nor have any rights to stop her from doing so.
The legal provisions is that she do not have to obtain permission or consent from any children or anyone to sell or alienate her own property.
As per law, she becomes an absolute owner of the property whether inherited or obtained through gift deed or purchased by a sale deed.
I am going to complicate the question a bit more. (This is based on a real life situation.) In this case, what if the woman is mentally handicapped and cannot make legal judgements? She has no court-appointed guardian. a) Can her brothers act in interest and make decisions, b) does that fall upon her husband, or c) it falls upon her 18-year old son?
Asked 3 years ago
1) brother needs court orders for being appointed as her guardian
2) notice would be issued to husband and son
3) if they object then brother may not be appointed as guardian
If she is mentally challenged, a guardian may very well be appointed by the court to act on her behalf. As her husband and son are alive, they would be preferred in the interest of natural justice over her brothers to act as her guardian.
Whether the woman was mentally handicapped or in a sound mental health, her share of property cannot devolve on others during her lifetime.
If she is reported to be mentally challenged, then one of her legal heirs/care takers can file a petition before court to declare her mentally challenged by producing the medical certificates to prove their statement and also apply for appointment of court guardian to take care of her as well as her properties which would include the permission to sell her share in the property to meet the expenses for her medical and other health care including her day to day expenses..
a) Nobody other than court appointed guardian have rights or permission to act in her interest and take considered decisions accordinlgy.
b) No
c) No. Only court appointed guardian.
a) No, consent or release deed is mandatory to sell the property.
- But, if the property is divided between her and son , then she can sell her share in the property without getting
consent of son ,and also can give the amount to her husband .
b) Legally , her husband having no right the property
Further,
a) No , court order is needed
b) No , court order is needed , during her life time none having right
c) Son has right over 50% share in the property , if property is undivided.
.
If the property is not self acquired you need permission from all legal heirs in form of noc
Dear client,
Since the woman inherited the property from her deceased parents, she cannot sell it without taking the consent of the successors, i.e., her son, especially now that he is a major.
Moreover, coming to the your next question, it is mandatory to obtain the order of the concerned district court before anyone enters into any contract with respect to the property owned by a person suffering from mental illness and thus after from the directions of the appropriate court, the appointed manager can legally manage the property of that mentally ill person. The responsibility of doing so will not fall upon anyone specifically.
Thank you.
