• Self acquired property

While selling a self aquried property, consent/signature of legal heirs( wife nd adult children)is required or not. Kindly pls clarify.
Asked 4 years ago in Property Law
Religion: Hindu

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21 Answers

You don’t need consent of your wife and children for selling your self acquired property 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

Since it is your self acquired property no person's consent or signature is required. Feel free to contact me in mysore for further information if you need

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If it is self acquired property no consent is required from wife and kids you are absolute owner of same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It's not required if you are the sole owner of the same

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

It depends on the ownership of the property i.e. if the property is on the joint name of the yourself, wife and children, then signature would be required from them but in case property is there on your single name, nothing is required to be done by them. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

1. For selling the self acquired property by a Hindu, there's no need to take consent or signature of wife and major children, during the lifetime of the property holder.

2. A Hindu person owning self acquired property can take independent decision regarding the property like gifting it to someone or to his wife and/or children or gifting it to old-age home or selling the property and independent to spend the proceeds, etc.

 

You are welcome.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Since the legal heirs do not have any right of share by reason of birth in the self acquired property of a person their consent or signature is not necessary while selling the property. 

So the person having a self acquired property can sell the property without taking consent of the legal heris. 

 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

- If the property is self acquired of a person , then he is having his right to transfer the same without taking others consent , and no other legal heir can claim a right over the same. 

- Hence, if you are having a self acquired property , then the consent/signature of legal heirs is not required .

- Further, wife is not having any right to claim over the property of her husband , whether ancestral or self acquired.

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

The very meaning self acquired property indicates that it is his own and absolute property.

Therefore there's no necessity to obtain the permission or consent or NOC from any legal heirs i.e., wife or children or mother of the property owner to sell his self acquired property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes, required the signatures of all the legal heirs.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Sir 

if the property is self acquired and solely on your name, you dont need to ask anyone.

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

No.

Non have any say in self acquired property of owner and owner is absolutely free to alienate property in any manner.

Yogendra Singh Rajawat
Advocate, Jaipur
22591 Answers
31 Consultations

4.4 on 5.0

Hi 

In case of selling a self acquired property, there is No necessity for obtaining the consent/signature of legal heirs(wife and adult children). 

 

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

if the property is self acquired, the owner can bequeath it as per his wish, he can sell without consent of wife and other heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. It is not required.

2. Self acquired property can be sold by the title holder to anyone he desires.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Normally and legally not required. But the purchasers are afraid of. So for their satisfaction it is required. Sometimes couple may involve family cases so such signatures are demanded.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

No consent of legal heirs are not required for selling a self acquired property.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In order to sell self acquired property, there is no need to take consent of wife / children.

You can deal with it as you wish.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you want to sell a self acquired property.
  2. I would like to apprise you that there is no pre-requisite to get the consent of the wife or children if the property is the self acquired and on your name only.
  3. But, if there is someone else’s name is also there in property paper then you are bound to have their consent subject to their release deed or gift deed of their share in the property in your favour.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

If you have a self acquired property you need to ask nobody. You are the whole and sole owner and dispose the property as per your wishes.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

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