• Can a mother sell property registered under her own name

Can a mother sell her own property which was transfered from her husband with registered doc without children's consent who are adult. Will the buyer have any consequences
Asked 2 years ago in Property Law from Bangalore, Karnataka
Hello,
1) The mother can sell the property of it is registered in her name. She does not need to seek the permission from her adult children.

2) The buyer will have to title as the mother it's the true owner of the property after the husband has transferred it to her through a registered deed. Therefore there is no legal impediments or infirmities that will affect the buyer.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. By which document was the property transferred? Was it through a gift deed or will?

2. If the property has been transferred to her by her husband and the document of transfer is registered then she is the absolute owner of the property. In her capacity as the absolute owner she can sell her property without the consent of her children.

3. She will be able to convey a good title to the seller.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
During the life time of mother none of her children or grand children have any share in her property. She is at liberty to sell her property.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1) if husband has transferred property in his wife name by registered gift deed or sale deed wife would be absolute owner of the property .

2) i presume it was self acquired property of husband 


3) consent of children is not necessary for said transfer . 

4) she can sell the property if she so desires . title to the property would be clear and marketable
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1)during mother lifetime none of her children or grand children have any share in the property . 

2) it would be self acquired property of the mother 

3) section 15 of hindu succession act provides that in case a female hindu dies intestate her property would devolve on her sons and daughters
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
Hi, if the husband transfer the property by way of registered gift deed then it was self acquired property of mother so consent of children or grand children does not arise.

2. But from your narration there is a lack of information in what mode your mother had got the property either by way of gift or will.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hello,
1) As the children have no share our right in the property, so do the grand children have no stake in the property and the mother is at liberty to dispose of the property at will..

2) As posted earlier she has absolute title and can a perfect sale without fear of any dispute or claim.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
As transferred the property by her husband through a registered deed then she can sell her property without consent of her son/daughter during her life time.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
A. Since your mother is the absolute owner of the property by virtue of registered Sale deed which was executed by her husband, she can transfer the property without obtaining consent of the children.

B. During her lifetime, her grand children have no right to claim and  question the property.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. The mother is the absolute owner of her said property,

2. She can very well sell/transfer or deal with the said property in any way she likes without asking anybody.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
1. Yes, she can sell the said property legally to anybody she wishes to,

2. Since, she is of advance age, it will be prudent on her part or on the part of the buyer to get a medical practitioner to sign the sale dee as an witness,

3. This is to counter any claim in future that she, being of advance age and not in sound mind, was not aware as to what she was doing for which the said Sale Deed should be cancelled,

4. A doctors witness to te will will automatically give evidence that she was in her full mind and understanding while she had signed the said Sale Deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0

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