you should verify that the property is owned by her and registered in her own name as sole owner. Make a clause in the agreement to sell and also in sale deed that her daughters have no right in the property and in case they claim then she shall be responsible for loss etc.Besides, in sale deed, ask her daughters to sign as witnesses.For any clarification ,feel free to call.
Women's right in her Maternal Grand father's property
I want to buy a property (House) owned by a women who inherited the property from her parents. The property is transfer to her name currently. The women has adult married daughters. My questions are as follows: 1) Do I need to take consent from the daughters also to buy the property? 2) In case I register the property without their consent. Can the daughters stake a claim in the property and file a suite against me in court?
Asked 10 years ago in Property Law
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6 Answers
1. By which instrument did she inherit the property from her parents? If the inheritance is conclusive in her favour then her daughters have no right in the property and she can sell it to you without any embargo. The title deed of the property has to be perused to see whether the rights of ownership have been exclusively transferred to her.
2. Unless and until her daughters are able to show that their mother was not competent to sell the property they have no legs to stand on in a court of law.
3. Contact a local lawyer and get the relevant deeds vetted by him before purchasing the property.
1) you dont need daughters consent for purchase of property . if property had been transferred in name of seller on demise of her parents as only legal heir you are safe . if however there were other legal heirs better check whether relinquishment deed had been signed by other s in favour of seller
2) better get documents of title vetted by local lawyer . based on his title clearance certificate purchase the property
1. Detailed search of the property in registration office is required,
2. However, if the sole ownership of the lady is confirmed, then it will always bwe prudent to take NOCs for sale from her two daughters or take their signatures as witnesses in the concerned Sale Deed of the propertry.
Daughter consent not required due to her absolute property provided sole owner. You can purchase the property by involving daughter as consent witness in Sale Deed.
But need scrutiny of the title deed for more clarifications.
How did the lady inherited the property. Was it by WILL or otherwise. Whether the lady has got other siblings? Was relinquishment deed executed by any sibling in her favour? Better to get the documents verified by an Advocate, before proceeding further. However, if she is the absolute owner then there is no need to take consent from her daughters. Better to get the signature of both daughters as consenting witnesses.
