• Can my mother sell our land

A land is in the name of my father and mother .. father is not present as we have lost him some years ago ... so the question is, is my mother eligible to sell the land ?
Asked 3 years ago in Property Law from Durgapur, West Bengal
1) when did he go missing ? was  missing complaint filed? if your dad had gone missing for 7 years then only can he be declared legally dead by court .

2) As per the Section 108 of the Indian Evidence Act, a person is presumed to be dead if he is not heard (of being) alive for more than 7 years. 

3) your mother can make application to court . on her application court would declare him to be legally dead as he could not be traced inspite of efforts by police 

4)  your father share would be inherited by all his legal heirs ie your mother and you . then only after carrying out mutation of name in revenue records should property be sold
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
is there any will of your father by which his share was trasnfred to you or your mother ,incase of no will his share will be distributed between you and your mother,best would be you give RD in favour of your mother so that the property gets transfred in her name and after that she can sell it to anybody
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
relinquish deed in favour of your mother,when she is not the owner then  how can sell she the property
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
In the instant property your father and mother were joint owner,so they had equal share i.e.50% each.If your father died intestate(without left any WILL) then your mother is now hold 50 plus another 50 will be divided equally between your mother, you and your brother or sister if any.So,your mother can not sell absolute property without your consent or relinquish your share to your mother by a registered Deed of Gift.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
as replied earlier
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
if your father died without any ill on his death 50%share of your father would be inherited by your mother , you and your brother or sister . other legal heirs can execute relinquishment deed in favour of mother . she would then be 100%owner of property . she can then dispose of the property . she cannot other wise sell the land without consent of other legal heirs
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
RD from you and your sister to your  mother and  mutation in the  name of your  Mother.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation . execute relinquishment deed it attracts nominal stamp duty . get it registered . apply for mutation of property in your mother name . then sell the property
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
not more than 6 months
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
that you will have to find out in durgapur
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
we do not know any lawyers in durgapur . we cannot suggest what would be the actual costs of relinquishment deed and mutation of property
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
26197 Answers
1422 Consultations
5.0 on 5.0
The land was registered jointly in your father and mother's name which implies that your father and mother were joint owners thereof. Your father died some years back. After the death of your father his share in the land passed on to you, your siblings and mother in equal proportion. Your mother can sell her cumulative share in the land i.e her 50% share as a joint owner and also the share which devolved on her after the demise of her husband. I suppose the property has not been mutated after the demise of your father. Your mother cannot sell the entire land as her ownership does not extend to the entire land.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0
The only event in which your mother can sell the entire land is if all the heirs relinquish their share in her favour by making a relinquishment deed.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
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If there is consensus among all the heirs then a lawyer can be engaged and it shall not take more than 2-3 days to complete the process. As for costs and legal fee you should inquire this from a local lawyer.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
5.0 on 5.0

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