• Buy a land

Want to buy a land which is in the name of their mother, she can directly sale the land or her husband permission also required, the land is purchased long back by her husband in the name of her wife. and then their children permission also required or not.
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

If there is proof that the husband's money was used for purchasing the property which was registered in the wife's name, it is better to obtain the husband's affidavit expressing his consent for sale of the property by his wife. If the husband is no more, their children have to execute an affidavit.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Both husband and wife involvement is must. Children has no say.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The land is in the name of the mother so only she has rights over it and she can sell it.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Father's affidavit need not be required as the land belongs to her.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He will be include as seller along with mother.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Property bought by husband in wife name is for benefit of joint family 

 

better take consent of husband and children 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

No permission, affidavit or consent required

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If it is name of wife that is the mother she can directly sale it no permission from kids or husband.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See as in there is no need for you safety you can take signature of husband as witness.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She is absolute owner she can sell without consent of husband and children's. But better at time of registration take husband and children's as a witnesses. 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

Affidavit not required 

Mohammed Mujeeb
Advocate, Hyderabad
19344 Answers
32 Consultations

No if its her self acquired property in her name of permission is required

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

1) If you are directly going to make sale deed than only mother's signature is going to require.

 

2) If you are going for Agreement to Sale than kindly take signatures of her husband and children also for you safety.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

  1. As per the information mentioned herein, makes it clear that the property was bought in the name of the mother by husband using his hard earned money.
  2. The nature of property is self acquired in the hand of mother, children can’t even think of getting any share in it without the mother consent and permission.
  3. But, yes, to avoid any future problem, father should give his NOC only so that in future he can’t claim any share in the property and that is also as the property was bought by his hard earned money.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Affidavit is necessary. Mere witness to the sale deed will not serve the purpose.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

Since the landed property is on the mother's name alone, it becomes her own and absolute property. As per law she need not obtain permission from her husband or her children for from anyone to sell this property to you or to anyone of her choice.

Nobody can legally question her authority over this property for whatever the reasons.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

No affidavit is required from father because ther is no law mandating  any such requirement, getting him as an attesting witness is also a choice and it is not a legal requirement

T Kalaiselvan
Advocate, Vellore
90079 Answers
2501 Consultations

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