She can sell her share anytime. But if possession is joint then it can create issues. She can sell the same through sale deed
There is a land property/plot on my mother's name. She wants to sell half of the land and keep rest of the half which she might plan to sell later. Can she simply sell half of it now or is there any legalities involved, any sort of approval required from any concerned authorities for selling only half of the land...? If so, please guide me through the process and time required. Also, in case any sort of approvals or legalities are involved, can doing a gift deed to me and my brother of the said property may work as a simple alternative helping us sell half of the land by one of the brothers... Please suggest the best way and alternatives to approach this concern !
She can sell her share anytime. But if possession is joint then it can create issues. She can sell the same through sale deed
Your mother being an absolute owner of the property she can very well sell even half portion of her property with proper demarcation.
There is no legal infirmity in selling just a half portion of her property alone.
She can identify the portion of the property she now desires to sell by properly demarcating the boundaries with the help of a surveyor and can go ahead with the execution of the registered sale deed in favor of the prospective buyer.
Dear sir,
Selling half of the land can be done but later half portion road approach is available to both sites that to keep in mind if road is available to both the parties then nothing to worry you can sell the land of half portion without any approval from authorities, approval is required at the time of construction not at the time selling the land!!
The plot is in her name and she can sell half the plot but it it was purchased as a complete property then how would the owner build his house as there would also have to be a road for coming and going ie access road. Therefore the property would be rendered useless.
You should sell it as a whole or ask her to transfer it to you and your brother.
Apply for subdivision of land . demarcate the boundaries of the sub divided land
then mother can sell half the land by registered sale deed
1. She is free to sell half of her land. There are no fetters on her right to do so.
2. No approval is required from any authority.
If both or one of the brother is purchasing the land then its good. she can sell it and make normal sale deed registration. Mentioning the land details and surrounding of the layout.
1. See can sale the half of the area of the plot without any permission same can be demarcated and boundaries can be shown in the sale deed. Your mother can directly make a registered sale deed of half of portion of the land.
She has all the right with her if the property is self made one otherwise she can't do it , then comes the property's legal heirs they all can do it.
She can sell without any legalities involved. Have to describe clearly in sale deed and map, area of total land and which side portion and how much area have to sell.
Dear Sir,
Your mother can sell half portion of the property without obtaining any permissions.
You'll have to make sure that there is proper description and demarcation of the portion sold. For demarcation and measurements, you can take help of a private surveyor.
Also, please ensure that both the portions have an access to land. Otherwise it will become a problem later. The value of the land without access to road will go down drastically and the person in other portion will have to give a right of way to other person.
Making gift deeds won't help. You'll have to pay registration charges and end up complicating the process
Best wishes.
1. Half Plot of Land can be sold only AFTER a Govt. Survey Report & Plan clearly demarcating the half portion and giving it a sub-survey number or sub-plot no. All this things have to be recorded in the Revenue Records, otherwise this will lead to futuristic legal disputes, as to which portion was sold, more so which cannot be proved without documents.
2. IF entire land is transferred to Brothers (50% share each), THEN too you would have to do the above procedures and conduct a Partition Deed for above purposes.
Dear Sir,
You mother can sell that half of the land without any consent/permission from any authority. The portion of the property can be sold by having the correct drafting of the sale deed specifying and clarifying the things.
1. Your mother can sell half of her plot without any approval from any authority.
2. No need to execute gift deed in favour of anyone as you need to pay stamp duty for gift deed also which will be total waste of money if your mother want to sell the land even after gift deed.
- If your mother has purchased the said property , then she is the legal owner of the said property , and hence being the self acquired property , she can sell any portion of that land to any one without any interruption .
- Further, she can transfer any share of the said plot to her children after executing a Gift deed as well.
- Further, if the said plot came into the possession of your mother after the death of your father, then without the consent of her children , she cannot sell any portion of the property .