• Mother's right in deceased son's property

Mother has  a share in deceased son's property .
I want to buy a property from widow,son and daughter of the deceased person but the deceased persons mother is very ill so is there any way to get rid of involving his mother in the registration process.
Asked 2 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu

One of the legal heirs of this deceased son may sell of this property to you.

For the above purpose, he will have to take a power of attorney for this purpose.

This is very much doable.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

As per the Indian Registration Act, if the person is not able appear before registering officer, then on request of the concerned the registering officer can come to the house of sick person to execute the document.

Vijay Jogle
Advocate, Hyderabad
23 Answers
1 Consultation

5.0 on 5.0

Mother has right on deceased son property who paased away inestate.

Even if the property is sold to you she can later claim the share or she will have to file a relinquishment deed thereupon relinquishing her share in the property.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Deceased son mother has one fourth share in property

2) mother can execute POA in favour of her daughter in law to execute sale deed on her behalf

3) POA should be registered

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

They all have to signed in your Sale Deed to became rightful owner,.Best option the person who sick can execute a General Power of Attorney or sign and deliver through commission at the residence of person.

Minansu Bhadra
Advocate, Kolkata
408 Answers
28 Consultations

4.9 on 5.0

See, if the property of the deceased is a self acquired property then it would have vested among all three in accordance with succession law and sure they would have gone to court to get their share separately. Then it is very hard to separate her, but possible if she gifts her share to anyone or to both (son and daughter).

But, if the deceased inherited from the ancestors then their share would differ like there will be three shares first is of the deceased himself then son's then daughter equally. After that again there will be three shares one is of the son then daughter and then of the wife meaning son and daughter would get twice from their mother. Here also very difficult but there is a way out in this.

Eventually find out the type of their share, then would be easy to help you accurately.

Good Luck.

Sanjay Baniwal
Advocate, South Delhi
4895 Answers
11 Consultations

5.0 on 5.0

Hi, her mother can give power of attorney to his son and daughter to execute the sale deed on her behalf ..

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Don't go for it wait for the mother to recover and take her permission.

Hope my reply helps you

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

If the mother gives a registered POA to her daughter in law or her grand children if thye are adultthen the personal presence of the ill mother can be avoided.

Another option is to make and complete the registration process on Commission which will be done at her residence only.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

1. Mother is a Class 1 heir to her son who succeeds along with the widow and children of her son to his property equally if the son passed away intestate.

2. The property cannot be sold without the signature of the deceased's mother on the sale deed.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Under the Registration Act, make an application to the district registrar sighting the difficulties faced by the seller to bring an elderly Lady to the sub-registrar office and request the authority to register the deed from the residence of that elderly person. Under the rule it can be allowed but the elderly lady should be of sound mind.

Or make an POA executed by the Elderly lady in favour her son's widow to execute and admit the deed before the sub-registrar.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

It will be prudent to take a registered power of attorney for sale of her share in your favour from the mother in the mane of any person and thereafter the holder of the power of attorney of the mother can execute the sale deed in your favour on behalf of the mother

Sanjoy Bose
Advocate, Kokata
17 Answers

4.0 on 5.0

Dear Client,

mother along with widow,son and daughter have equal share in the property,

She can execute registered HAQ TYAG of her share in any or all. If she is deep ill, sub registrar may come home by paying requisite fees, for execution of HAQ TYAG ( relinquishment )deed and on the basis of Hay Tyag, they can sell property to u.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1. The mother is still alive. So long she is alive, her share can not be sold by the other legal heirs without her written consent.

2. If she is not movable, you can get the sale deed executed and registered by all the legal heirs by commissioning the registration i.e. making the arrangement where the Registrar himself will go to the place where the executor of the deed resides and take his/her signature on appropriate papers/registers and places where they required.

3. So, you can get the sale deed registered by commissioning the Registration as advised above and during such commissioning, ensure that one Doctor is kept as the witness to depose later on that she was in her perfect mental state, if needed.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

Sir

Taking the property is of the Hindu. The deceased Hindu male left behind the property in favour of the legal heirs namely, widow (wife), son and daughter. Each have the equal share in the property.

So, if the widow did not sign in the deed by presenting herself in the registry office before the registrar, her share will not be transfer in your favour.

If she cannot move to the Registry office then you arrange for Commission registry at her place.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

Sir

Mother have the right in the property of the deceased son, so, the signature of the mother is necessary.

Thanks

Shiddhartha Banerjee
Advocate, Calcutta
42 Answers

5.0 on 5.0

she can transfer her share to any one of his son or daughter then get the property transferred to you.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Without the participation of one of the legal heirs of the deceased owner, the sale deed would be considered as illegal and invalid.

If she is sick then prepare the document, pay for the registrar's visit to house to get the sale deed registered along with the other legal heirs at her residence, there are provisions for that.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Hi,

A POA will solve the problem of registration. A power of Attorney should be arranged in favour of any person to sign on behalf of her in the registration.

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Mother also having share in deceased sons property except her share other shares can buy

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.0 on 5.0

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