• Selling of property without the signature of other person

My grand mother is the owner of the house and she is having two daughters can she write or transfere the property on one of her daughter without signature of the other daughter bcoz the property should be divided btwn both of them equally if she can wat is the procedure to stop the sale or transfere ... So that my mother doesnt loose her share
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

is it the self acquired property of grand mother ?

2) if so she can transfer or bequeath property in favour of one daughter without the consent of other daughter

3) your mother would not be granted any reliefs by court if she seeks an injunction restraining transfer of property by your grand mother

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

If this property is the self-acquired property of your grandmother and she has purchased the same during her lifetime from her own funds, she is free to transfer it to any one she likes. In the process, she may exclude both her daughters and is even free to give this to a third party, even if not related to her by blood.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

How did the property came in your grand mother,s name,,???? 1) if the property is self Accquired by her then she can give it to any of her daughter and your mother has no right over the said property .. For futher detail discussion on topic kindly contact me through phone consultation .. Regards advocate Hemant Chaudhary

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

in such a case property has been bought for benefit of joint family as your grand mother had no source of income for purchase of property

2) your mother can file suit for partition to claim her share in property as your grand mother was mere trustee

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94729 Answers
7536 Consultations

5.0 on 5.0

The absolute title holder of a property can sell, bequeath, gift or mortgage his property to anyone (including a stranger) without the consent of any of his legal heirs. The title holder has an indefeasible right to discriminate among his legal heirs at the time of devising a settlement of his property. So your grandma is under no obligation to make an equal/fair division among her daughters. She can give a lion's share to one daughter and peanuts to the other.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property on the name of your grandmother is her own and absolute property.

She can transfer the property to anyone of her choice and she need not take consent of the other daughter if she is desiring to transfer the property to only one daughter.

Your mother cannot claim any share in the property as a right.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

The property has been purchased by my grandfather on my grandmothers name ... And my grandfather died

Whatever the case may be, your grandmother has full rights in the property to transact with it in any manner as per her desire and choice.

She is the absolute owner of the property hence nobody can force her to allot any share against her wishes.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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