• Can my son claim my self earned property and cause problem if i sell it

I am currently selling a property and the buyer/buyer's lawyer wants my wife and kid of 3.5 years to come and give consenting witness for sale deed or other option the lawyer says i need to get certificate from a Chartered accountant to sell my plot. Can my son really ever claim my self earned property even after sale deed or even after my death.
Asked 1 year ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

No he can't claim your self earned and acquired property. He doesn't have any right you can sell it to anyone

Prashant Nayak
Advocate, Mumbai
24892 Answers
58 Consultations

4.4 on 5.0

If the plot is your self earned property then no need to ask anyone unless it jointly purchased or owned or its ancestral property. if it is clear title property on your name then no need to take permission of other.

 

The buyer may ask for safety purposes if anything goes wrong in the future. but its no use of it. you should make clear understanding of buyers.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Self acquired property can be sold by anyone without their spouse or children's consent (or anyone else's for that matter). In case of the property is in joint name, then the consent is needed.. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
31 Consultations

4.5 on 5.0

1. A person who wants to sell his self acquired property is free to do it and the signature of his wife and/or child/children is not required.

2. The question of wife and children claiming rights over the property acquired by a person will only be after the intestate death of the person.

3.  Your son cannot claim your self acquired property during your lifetime. However, in case of intestate death of the person, if the property is still intact and not yet sold, then only, mother, spouse and children will have a rightful claim.

Shashidhar S. Sastry
Advocate, Bangalore
3867 Answers
234 Consultations

5.0 on 5.0

If the property isyis own name then you can sell your property during your life time, your wife and son have no right over the property. Therefore no need of consent of your wife son or daughter.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Respected sir...

There is nothing such your son can not claim the property which is earned by you ..they are making the process riged ... your wife might be a witness but court or Tehsildar will not allow your kid as a witness as he or she is minor..

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1253 Answers
12 Consultations

4.9 on 5.0

Your wife and son Has no share in your self acquired property 

you are at liberty to sell it without their consent during your lifetime 

 

no certificate needed from CA 

Ajay Sethi
Advocate, Mumbai
84881 Answers
5611 Consultations

5.0 on 5.0

This action is normally e done by the advocate to make sure that in future there will be no claim the property by the wife because of any reason however the principles are that is self acquired property by a person can be disposed of in any manner which you thinks appropriate you need to provide any document for sale of this property as you are the title holder of the property and higher all the right to dispose the property the way you want but in case it is possible for you to get your wife signature on the sale deed as a witness and as a guardian she will be finding for the son as well this will be very easy to complete the sale deed

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

1. If your lawyer is asking signature of your 3 5 years son then I regret he needs to learn once again. 

2. If the property is your self acquired property then you don't need consent of your legal heirs. 

3. Similarly no certificate is necessary from your CA.

4. If you want to go forward then contact another advocate.  This man is certainly taking you nowhere. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

The demand made by the buyer and the buyer's lawyer is not maintainable in law.

There is no provision in law making it mandatory to obtain the consent of the spouse and the children of the seller to sell his self acquired property or the property to which he has clear and marketable title.

You can refuse to budge to their pressure or their demand in this regard.

You can look for another prospective buyer if this buyer if insisting on this due to his ignorance of law.

 

T Kalaiselvan
Advocate, Vellore
74999 Answers
1257 Consultations

5.0 on 5.0

The property belongs to you and if it is a self acquired property then you can sell it to anybody. If it is an ancestral property then your son's consent is essential otherwise not.

Rahul Mishra
Advocate, Lucknow
13199 Answers
47 Consultations

5.0 on 5.0

No, he cannot claim 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Neither your wife nor your kid has any share in your properties during your lifetime. During your lifetime you are free to sell your self acquired/separate properties to anyone you desire without the consent of your Class 1 heirs. Only in the even that you die intestate your Class 1 heirs will succeed to your property through intestate succession.

2. It is stupid on the part of anyone to demand the consent of your wife and son, even more stupid to demand a certificate from a CA.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

You son cannot claim your self acquired property during your life time.

You can deal with it as you wish.

After your demise, if the property still exists, Sec.8 of Hindu Succession Act, comes into play, as such, your wife along with you children will be entitled to equal share in the same.

If it is sold during your life time, no one will have any right after your death.

As desired by buyer, you can ask your wife as consenting party but son aged 3.5 years cannot be party.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

1. While being alive, you can sell /gift /transfer /mortgage /donate /whatever .... your own self-acquired property without any legal reference of NOC or any document from Wife or minor Children.

2. Minor Children have no legal authority /right to put their Sign /Thumb on any immovable property transactions.

3. IF you have not executed a WILL then after your death, wife & children shall have EQUAL stake /right /claim on your property.

Hemant Agarwal
Advocate, Mumbai
5567 Answers
25 Consultations

5.0 on 5.0

1. Your son and wife has no right on your self acquired property and also no certificate for same is required . You may as seller sign and  register property in favor of buyer.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
148 Consultations

5.0 on 5.0

Buyer lawyer is wrong. Even if child had any share than also minor cannot sign any document - no value. And in self acquired property, wife and child have no say. 

Certificate from CA has no value neither has authority.

Nothing is required. Go ahead with sale.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

No your son cannot claim any share from your self acquired property and his signatures are neither required nor they will have any value if you make him consenting witness of sales deed as he is minor.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

1. The buyer is playing over protective on the issue.

 

2. If the property stands in your name then neither your wife nor your son can claim any share thereof during your lifetime  and you can sell the said property without any consent or knowledge of your wife and son.

Krishna Kishore Ganguly
Advocate, Kolkata
26183 Answers
726 Consultations

5.0 on 5.0

- If you have purchased that property from your own fund , then it is a self acquired property , and you can transfer/sell the said property to any one , and no son or other members of your family having right over the same. 

- That lawyer is not perfect after asking the witness of a minor child specially . 

- No, your son and even your wife cannot claim any right over your self acquired property during your life time , but if you left the property then only your son can claim the same. 

- Hence, nothing required for selling a self acquired property legally , except your consent . 

Mohammed Shahzad
Advocate, Delhi
8461 Answers
92 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer