• Buying property

I am planning to buy a property from a lady Mrs X. She was minor when her father and mother passed away in an accident. She is the only child. So when she became major, she got a court order passed and took the property under her name. Now a builder came and built an apartment in that area and gave her .2 apartments in exchange for the land. So the apartment is in her name although she hasnt registered it.
Now i am planning to buy one of the apartments. However the question is
Mrs X has 2 sons. Do the sons of Mrs X have any claim on the property? Should i make any clause in making the agreement
Asked 6 years ago in Property Law
Religion: Hindu

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20 Answers

See the son donor have any claim on the property and neither there is any right to claim. See has inherited the property and india hindu women has sole right of any property see recieve by any mode.

So you do not have to worry just check the joint developer agreement through which she got the flat and share certificate and mutation of flat on her name.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. No, the sons of X do not have any right on the property. It is her absolute property she has all the rights reserve on it to dispose.She had inherited the property as per the succession act. 2. Need not mention any thing about it. When they do have right, it is needless to mention their name in the deed.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

Sir in any case sons donot have any right in the property so it doesn't matter they are minor or major the property in hands of hindu women is solely her property further is was received on intestat death of parents to its like sled acquired property so see can freely sale transfer it without any consent

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

She inherited the property from her parents as class I legal heir. As per the succession act, she is become an absolute owner and have an absolute right. Her sons factor of being minor or major does not affect the title and willnot give any right to them. As per the succession act, they would get right, if she died intested or without alienation of the property.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

Hope, your doubt has cleared.

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

1. The son of X has no share in the property and hence the consent of the children is nor required at all.

2. Since the builder had built the property it would be advisable that you make the developer as Confirming Party while buying this property.

3. Since they have no share the minority of the children has no issue in it.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Dear Sir,

My answers:

1.Mrs X has 2 sons. Do the sons of Mrs X have any claim on the property? Should i make any clause in making the agreement.

Ans: It is her self acquired property “Sthreedhana” and have exclusive right over it to sell. But as a precaution she must sell the property on her behalf and on behalf of her minor sons indicating as the natural guardian of both the minor sons. This clause may be inserted in sale agreement and sale deed.

2.Please note that the sons are minor. So do i need to factor it in the sale deed.

Ans: You must say that she is selling the property on her behalf and on behalf of her minor children for legal necessities of the family.

(It is not know what conditions are imposed by the Court…please verify and act accordingly)

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

no only Mrs X has right to sell. No need not to explain about her children, they hv no right in that property

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

2 sons of Mrs X have no share in apartment standing in name of X

2) Mrs X is absolute owner of apartment

3) she can dispose it as she pleases

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Sons consent is not necessary for sale of property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Firstly, it has not to be seen as to with regard to the nature of property as any property that comes to a women, would only remain her self acquired property.

Secondly, so when it is not the anscestral one then no one can claim anything out of as its her wish to treat the property in any manner as she wishes to.

Thirdly, even if somebody would buy this property treating as anscestral if it is of that nature then also minor can claim over the money which their mother got, they can’t ask you to go out of the property.

Fourthly, no need to mention the details of the minor.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. First make sure the apartment you are purchasing is registered;

2. If it is not registered the subsequent sale will also be void;

3. Therefore register the apartment in her name and then later you purchase it;

4. Secondly, you must take NOC and an notarised affidavit from her stating that she does not intend to transfer the apartment to her children's names in the future and the children absolve the claim over the apartment (she being their legal parent and guardian can make such an affidavit);

5. Then you can also get an NOC from the society/administrator of the building;

6. You must also ensure that the land related papers are in order. Approach the sub-registrar or collector and retrieve the same from there.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) Now the redevelopment agreements has took place and builder must have allotted flats to her, so ask her to get the flat registered on her name. And than purchase from her.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1. ONLY the MAJOR Sons have "absolute" right over their Mothers /Fathers property, unless and until the property is willed away by the parents to someone else (charity /NGO/ else).

2. IF the Flat is received by the Lady by virtue of a Development Agreement with the Builder, THEN the sole registration of the Flat is NOT necessary.

3. Flat can be purchased via a Sale Deed with proper strategic clauses and making all the Sons (if they are major) as "Consenting parties" and their signature while registering the Sale deed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. First you have to find out whether the property inherited by Mrs. X was Ancestral or Self earned property of her parents.

2. Assuming that the property inherited by Mrs. X was her parents' self acquired property, then the sons of Mrs. X shall have no right over the self acquired property.

3. In the alternative scenario, assuming that the property has traversed for 4 generations from great grandfather to great grandchildren, then the minor sons of Mrs. X shall have right over the ancestral property and since Mrs. X 's sons are minor in age, Court Permission is needed to sell the share of minor children in the ancestral property.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

The sons have no claim on her property.

You may buy it freely.

Having said the above, you must include the indemnity clause in the sale deed and Mrs. X must also say in the sale deed that she is the absolute owner of this property and has a clear and marketable title upon the same.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Since the lady is the absolute owner of the property she inherited upon the death of her parents, there is no necessity for the consent or permission of her wards to dispose the property.

Her children do not have any rights in her property, hence you may proceed with the purchase if other things are genuine and alright, hence it is always advisable to obtain a proper legal opinion by producing the copies of the relevant documents before an advocate in the local, get his opinion to proceed with the proposed purchase of the property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Please note that the sons are minor. So do i need to factor it in the sale deed

Whether they are minor or major by age, they do not have any rights in the property hence you dont worry on that aspect.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir, first and foremost she will register her name that apartments, afterwards you have to purchase the apartment from her through registered sale deed, with regard to her minor sons, she will represented as natural guardian and their mother being minor sons.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

If they are legal heirs then you can take NOC from them and make before executing sale deed.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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