1. It's a self acquired property in the hands of "C".
2. Since it's a self acquired property in the hands of "C", no minor interest is involved in the instant property.
Property inherited from mother
Hi, I am planning to buy a property wherein the current seller inherited the property from his mother after her death(lets call mother as A). A had purchased this property from her savings. A's husband had died before her. Now, after A's(mother) death, her two sons (say, B and C) divided the property and the current seller 'C' got this property as his share. C is now planning to sell of the property which I am interested in. C is married and has a young kid who is 9 months old. C's brother 'B' is also married and has kids. Question is, can we consider that the property is 'self acquired' for C? Is there any minor interests involved here?(Does C's 9 months old son has any rights over this property?) Thanks you!
Asked 6 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
24 Answers
B and C would be legal heirs
2) consent of children is not necessary to sell the property
3) kindly clarify whether deed of family settlement or partition between B and C is registered or not
Thank you! Yes, partition between B and C is registered and is showing up in EC.
Asked 6 years ago
You are welcome.
Then C can sell the property
no consent of legal heirs of C is necessary
To clarify, deed only talks about 'B' discharging his rights over above said property and transferring it to C. It does not talk about anything related to properties that went to B. Is there something to be concerned about here?
Asked 6 years ago
the property shall be C own and absolute property
C can sell property without consent of minor.
Minors has no interest in the property, the property is portioned and acquired as good as self acquired.
After partition the property is good as self acquired.
No it does dispute the title of the property it is clear.
You need not be concerned as you are buying property wherein B has relinquished his share by deed of partition
You can safely transact. It can be considered C's self acquired property as partition deed is in place and so C's share is no longer ancestral property. So minor son is not coparcener
1. As per your narration, it appears that "B" has executed a Release Deed relinquishing his share in the property in favour of "C".
2. Without studying the connected legal papers, it will not be correct to give correct opinion. Better to get the papers evaluated by a Lawyer and get the best opinion.
Hi
Both the sons i.e., B & C are legal heirs of A.
C has got clear flow of title. You can purchase the same.
Yes if the partition of property has been done properly with settlement deed that the property is considered as self acquired property of seller.
no minor interest are not involved in this case.
If any minor interest involved you need to take permission under guardian and wards Act
Thank you all. B has executed a registered Relinquishment Deed in favor of C. Does this mean that, now, the property is self acquired for C?
Asked 6 years ago
Since "B" has executed a registered Release Deed relinquishing his share in the property in favour of "C", it's "C" s self acquired property in his hands.
yes property is self acquired of C.
Self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of division of any Ancestral/Copacenary property or acquired as a legal heir or by any Testamentary document such as 'Will' etc..
Only after registration it will be self acquired
For C it is self acquired property.
Once deed of relinquishment had been executed duly stamped and registered B has no share in property
C would be absolute owner of property
it is not ancestral property
If the property was duly partitioned by the children of the deceased mother by a registered partition deed, then the shareholder who got this share of property shall be an absolute owner with clear and marketable title to sell the property.
In this there is no question of anyone including his own children to acquire any rights in the property.
Therefore there is minor interest involved in it nor anyone else's interest involved in this property.
If so, then the seller has got absolute ownership in the property and title to sell the same to anyone of his choice.
Your words are confusing hence without seeing the actual contents or recitals made in the said registered deed, no proper opinion can be rendered, hence it is advisable that you obtain a proper legal opinion from a local lawyer by producing the papers before the lawyer and proceed only if recommended.
B has relinquished his rights in the proeprty and by that virtue the property was transferred to C, hence C becomes an absolute owner of the property with clear and marketable title
- As per the information mentioned in the present query, makes it clear that you have been guided so far with correct provision of law, but still there is a confusion on the point of being its self one or ancestral.
- Any property which has been coming the children from their mother, either by way of Succession or Will or gift, will always remain the self acquired property of the one who has got it.
- And B has already executed the release deed in the favour of C which make now C as the real owner and no one except C has the right to dispose of the property as his self acquired property.
- You can very well go ahead and execute the deal as the property will not have any claim by C’s children of wife or neither B’s children or wife as he also had all right like C.