Dear Client,
All the children may included as seller or you may get transfered your sister's share in to his name.
HI, My parents build a home on the plot which was in the name of my mother. My father has passed away and we are now trying to sell the home to settle in another place. I have 2 sisters and I am son. My question: is NOC required from all children during the sale of this home/plot?
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Dear Client,
All the children may included as seller or you may get transfered your sister's share in to his name.
Who has purchased the plot ? If father in the name of mother than daughter have 1/4th share each. NOC require. Well, your mother can sell the property as it is in her name, later daughters can demand their share. As of now, without their consent, property can be sold.
If the said property is your mothers self acquired property then only her consent is enough but if it's a family property then everyones consent is required
Hi
If it is her self acquired property, NOC from children is not required.
It is her wish / discretion to deal with the property as she wants.
In order to give more clarity, the title flow is required.
Good Luck.
Yes definitely, you need her consent. Since the land is in her name, without her consent the conveyance and transaction related to land can not be substantiated. Thanks.
1. IF the House was exclusively "self-acquired" by parents, THEN the children do not have ANY rights over the same and neither their NOC or whatever is required to sell the house by the parents. This is also established by a recent High Court judgement.
Plot is in name of mother and she is still alive no NOC from children required mother can freely sale the property.
Your mother requires no NOC from her children because as you said she is the owner of the property. Had the property been in the name of your father, the situation would have been different. If your mother is the owner of the property as per sale deed, she can do whatever she wants during her lifetime. She can sell, gift, lease,will, etc. alone.
If the property is on your mother's name, then she need not to take anyone's permission or consent to dispose or alienate or transfer or sell the same to anyone of her choice as per her desire.
Dear Client,
If the property (plot) is ancestral means came from your grandparents then your mother can not sell without the consent of you and your sister as under The Hindu Succession (Amendment) Act, 2005
if the property(plot) is self-acquired by mother then no need to consent of you and your sister as under The Hindu Succession (Amendment) Act, 2005.
You can me call through KAANOON for more detail.
plz, like and appreciate.
The property belonging to a Hindu woman is considered to be her self acquired and exclusive property and hence she can dispose of it in any manner she likes .
So while doing so like your case he does not need consent from any corner, let alobe from her children.
If the property is on your mother's name by a registered deed, then she is the absolute owner of the property hence she do not required any permission or consent or even NOC from her children for selling this property.