• Is daughter's consent needed for sale of property by mother?

I am planning to buy a property form a 50 year old Lady . She is a Christian. she has one adopted daughter. there are no other heirs. The property is self earned. while buying should the daughter sign in the sale deed? can she claim rights later?
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
Hi, if the property is self acquired property of the mother then consent of the daughter is not required.
2. She can not claim right over the property of her mother which is self acquired property of the mother.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
A. The personal laws of Parsis and Christian communities also do not recognize adoption and here too an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act. A Christian has no adoption law.

B. Since adoption is legal affiliation of a child, it forms the subject matter of personal law. Christians have no adoption laws and have to approach court under the Guardians and Wards Act, 1890. National Commission on Women has stressed on the need for a uniform adoption law. Christians can take a child under the said Act only under foster care. Once a child under foster care becomes major, he is free to break away all his connections. Besides, such a child does not have legal right of inheritance.

C. Therefore, adopted daughter signature is not necessary.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
5.0 on 5.0
1) if the lady is absolute owner of the property her daughter consent is not required . 

2) daughter need not sign the sale deed .

3) daughter cannot claim any rights in property later 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. If the property is the self earned of the seller then she is at liberty to sell it at her sweet will. She does not require the signature of her daughter on the sale deed.

2. No one except the owner is required to sign the sale deed to sell the property. The daughter cannot impeach the sale subsequently.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Hello,
1) If the property is self earned she is at liberty to sell it to anyone of her choice.The daughter does not have to sign any where. The daughter's rights rise  only after the death of the mother.

2)The daughter can not claim any right in the property at a later stage either. It is safe to proceed with the purchase.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
If the title of the property is in the name of seller then there is no requirement that the LR should be party to sale but it would be better if she signs on the sale deed as witness. You can also take a NOC from the daughter to avoid any challenge in future. 
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
In case of Self acquired property, the signature of the legal heirs is not mandatory. If possible in order to avoid future litigations, her signature can be obtained as a consenting witness.     
N Jagadeesh Kumar
Advocate, Bangalore
3 Answers
0 Consultations
Not rated
1. If the seller is selling her self-acquired property, then it is not necessary that the adopted daughter should sign the sale deed.
2. The adopted daughter can not claim share in the property.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
5.0 on 5.0
No she cannot as she has no share in the property. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
no daughter cannot stake any claim after mother demise for the simple reason she has no share in property as on date 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1.The daughter can not stake claim after the death of the mother, since the mother had already sold her self-acquired  property and the mother alone had the right to sell her self-acquired property.
2. However, for your satisfaction, when you are buying the property from the mother, take the signature of the adopted daughter as Consenting Witness.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
5.0 on 5.0
Normally no. If we consider the probabilities, a LR can allege at a later stage that the property was acquired through funds generated by disposing of another ancestral  property. So a signatures of a LR signify his acquiescence and knowledge to the trasnsaction
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
5.0 on 5.0
1. During the lifetime of her mother the daughter has no claim  on the property of her mother,

2. You can ask the daughter to sign as a witness in the said sale deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. The daughter will have no claim on the property,

2. To be in the safer side, ask the daughter to sign the sale deed as witness.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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