I am going to purchase a 30*40 plot(site for house) .
Property details :
It is on name of woman X (Hindu) and she had purchased property recently. It is not inherited/ancestoral property.she has 2 sons and 1 daughter-- all are major.
In order to buy this property, is it required to take signature of their children on sale deed?
is only lady X signature enough for property sale?
Asked 3 years ago in Property Law from Hubbali, Karnataka
1) you dont need signatures of children on sale deed
2) it is self acquired property of lady and she is free to sell it without her children consent
even though property is her self acquired property, since she has two sons and a daughter, who are all major, as abundant precaution it would be wise to take the signatures of these children as Consenting witnesses, to avoid any complications in future.
If it is the self acquired property of the seller, seller is free to dispose off the property in any manner she likes, including selling of the property. There fore in this particular case the seller s signature is sufficient. However for your satisfaction u can take her children's signature as witnessess.
The lady is the sole owner of the property. So no need to get signatures from her children as confirming parties.
The self acquired properties can be dispersed as one like it during their life time
So legally and technically no objections or future legal trouble for u as a purchaser.
If it is self acquired property by the woman X and she is the single owner, then no need to take her son/daughter's signature.
1) As the property is self acquired by X she is the sole owner and can dispose off the property in the manner that she wishes and therefore none of her children need to be made party as none has any legal rights in the property during the life time of the lady X.
2) Get the documents verified by an advocate to ensure that the property is fre from encumbrances and the title is clear and get a proper Sale Agreement made.
1. The property owned by wife irrespective of origin of money used to purchase the same is considered as self acquired property of the wife.
2. So in your case the signature of her children isn't required to be taken.
However there is no harm if the children sign as witness to the deed.
A. Since the property nature is self acquired property of the seller X that you don't need to obtain consent or signature of all the children of the seller.
B. You can get the Sale deed through registration from the X without legal hassles in future.
1. If the property is registered in her favour she does not require the signature of anyone to sell it. As long as she is alive none of her children has any share in it.
2. Only her signature is required on the sale deed.
If the vendor (the women seller) has marketable title to sell the property and if all other issues are satisfied including the encumbrance over the property, then you can go ahead with the purchase of the property. Her children do not have any rights in the property and they cannot dispute anything in this regard at anytime even in the future.
1. The signature of the lady is enough for your buying the property of which she is the absolute owner,
2. However, if you take the signatures of her two sons as witnesses, you shall seal mtheir chance of claiming that you have coerced their mother to execute and register the sale deed for her said property.