Son and daughter signature is not required for execution of sale deed
it is not ancestral property and they have no share in said property
Gift deed
I am planning to buy site property in Bangalore. Father self earned land in 1974 & did the partition in 2007, shared land to his daughter, son & kept some amount land his name through a partition deed, later father transferred to his son through gift deed, what he kept partition land under his name. Now son(present owner)made BBMP B-khatha sites & selling which comes through from his father as gift deed. Now the son(present owner) has one daughter & one son, both are major's, son is living in US. Now I am buying one site in this property, Is the present owner's son & daughter signature required while buying it. Please suggest.
Asked 3 years ago in Property Law
Religion: Hindu
25 Answers
If I am not taken present property owner his son's & daughter signature during registration, whether they can file petition to me in the future? Please suggest
Asked 3 years ago
Clear under stand format. 1. Father (A)Brought land in 1974 as self earned. 2. Father (A) has one daughter (B) & one son (C). 3. Father (A)shared his land through a his daughter (B) & Son - C through partition deed & also kept some amount land property his name(Father - A) in 2007. 4. Father (A) recently transferred to his son( C )which is kept under his name some amount of land property through gift deed. 5. Son(C) he made BBMP b-khatha sites in land which is get land through gift deed by his father(A) & In this son (C) selling one site to me (F). 6. Son (C) has one son (D) and one daughter (E). My question is. 1) While buying one site from Son (C) (gift deep property) Do I need take signature from Son (C)'s his son (D) & his daughter (E), both are major's. Please suggest.
Asked 3 years ago
You cannot restrain them from filing case But they have no share in property
D and E signature is not required on sale deed
Hi Sir, Yes, they both (D) & (E) do not have share in property now.. In the future whether they both can claim as blood relationship & my father without telling us sold this property like this.... If they logged the case like this whether they have any chances to win?
Asked 3 years ago
Father does not need children consent to sell the propertY
2) property gifted to father is not ancestral property and he is at liberty to sell it
Legally there's no need to take signatures of "D" and "E". This has been based on your narration.
The sons and daughters of present owner are not entitled to any share in the property at least not during the lifetime of their father, hence they need not be involved in this sale transaction.
Since the children of the seller are not entitled to any share in the property now, no case in future that they may file in future would be maintainable.
Even if you repeat the same question in any manner, the answer will not change.
The children of the current vendor are not entitled to any share in the property hence their consent is not required to buy this property.
No such case is maintainable in future especially when they are not entitled to any share now, they cannot claim any share in future in this property for any reason hence their case will not be maintainable.
Yes,Definitely.
They do have right, interest and title in the property under Hindu Succession Act 1956.
The norms to consider the property as self acquired property and ancestral property is very much specific and clear as per the provisions of law.
A is owner of all the property and all property are acquired by him.
He partitioned property to daughter B and son C.Till this stage you have no problem.
Now self acquired property have been automatically turned into ancestral property because of daughter and son of C who are direct legal heirs of A in the same class classify the self acquired property of A becomes ancestral property of D and E because of their birth to C.
Grandparents, Parants and Children are criteria to form the nature and class of the property.
Therefore you need NOC of D and E while buying property from C which is self acquired property of A.
"C" is the obsolete owner and no need to take signature or NOC of his son and daughter. No Chances to them to win the case because the "C" has inherited property from Gift Deed. if you had mentioned clear history in your sale deed this problem would have not arisen.
Hello,
- The children do not have any rights in the self acquired properties of their father during his life time. They acquire any rights only if the father dies without leaving a Will behind(intestate).
- The property that came to the son C from his father by way of Gift Deed is in the nature of self acquired property and therefore the children D & E do not have any right in it.
- C has every right without any permission or assent from anybody including D& E his children id transferring his property to any one of his choice for a consideration or otherwise.
- Therefore you d not require the NOC of D&E on any documents when you make the purchase. They have no rights whatsoever to make any claim against you and even if they do they cannot succeed in any manner.
- Since the present owner got the said property by way of Gift deed from his father , then after getting the same this property will be self acquired of him, and he is having his right to sell the same to anyone without the consent of his son and daughters during his life time.
1. No consent /sign needed from the son of C , i.e. D & E. due to being self acquired property.
Dear sir,
D and E do not have a right in that property. As of now the property is as good as the self acquired property of C, who can sell it to you without the consent of D and E.
You can go ahead with the purchase.
Best wishes.
Please note: They can file a case if they want to, but they will not win.
They have very less chances of winning
Owner son and daughter have no say in the property.
They can file but have no share in the property, so their case will dismiss.
He is absolute owner of gifted portion and dose not require consent of his children to sell the property.
If they logged the case like this whether they have any chances to win? --- Not at all.
1. No signatures of children of current owner are not required for sale of property.
2. They cannot file any case against you.
No if the present owner is alive and the property is self acquired through gift deed you don't need anyone noc for the same. Still for your assurance you can take it but legally they can't claim it in future
Dear Sir/Madam,
You are suggested not to worry as the said property is absolutely owned by the father C and the signature of his son or daughter is not necessary,
D and E consent or signature not required.
said property is not ancestral.
The property belongs to the son and his children's consent is not required.
They cannot file a case.
NO you don't have to take their permission.
Thisbis not an ancestral property as A already divided the property amongst his children.