It is self acquired property of your mother
you have no share in property
mother does not need your consent to sell the property
Sale of property
My mother wants to sell one flat at Kolkata. The flat registered in the name of my mother. Can I and my two brother give objections legally in selling the property? Whether our signatures are required in this case or not? My e-mail is [deleted] reply to my email.
Asked 4 years ago in Property Law
Religion: Hindu
12 Answers
In case mother is absolute owner of the property you cannot take any objection on sale of property. Your signatures are not required for sale of property.
If the flat belongs to your mother then nobody else can file objections against its sale unless you have a valid ground.
If it's her self acquired property then not required. If you are also it's legal heir it's better to give noc
1. IF the Property was originally Self-Acquired by Mother, THEN she can Sell /Gift /Transfer /Mortgage /Donate /whatever .... without any legal reference to ANYBODY. This has been upheld by several HC /SC judgments.
2. However, IF property original belonged to Father's name, but was subsequently transferred to Mother (as a legal heir), THEN the Children/s can stake claim /right on said property and file restraining orders on sale of property.
1. The flat is registered in the name of your mother for which he is considered as the owner of the said flat.
2. She can do whatever she feels like with the same flat for which none others consent or approval is required.
No if it is self acquired property of mother. No signatures required.
If the property is in the name of your mother, she can sell the same during her life. Your right would occur only after her death.
Hello,
Your mother cannot sold the property without the consent of her children if she got the property by inheritance.
Regards
1. No you have no right object the sale of flat which is owned by your mother.
2. Your signatures or objections have no value for sale of property owned by your mother.
Your consent not required. if she has purchased
the same from and out of own funds.
Your mother is the absolute owner of the proeprty that is lying on her name by a registered title deed.
Therefore she can sell the property to the prospective buyer out of her own consent, she is legally not required to obtain permission or consent or NOC from anyone including her children to sell the property over which she has clear and marketable title.
Your objections are not sustainable in law, in fact you nor your brother have any rights in the property at least not during her lifetime.
