• Gift deed

If father in law had purchased land and made the will for his property On his wife’s name on 25/05/1990 before he dies, and his wife has gifted the same property to her daughter in law, now Daughter in law wants to sell the property without her children permission, can she sell the property ??
1) father in law is dead, and mother in law is also dead, now can daughter in law sell the property without her children signature ? Or grand children signature ?
Asked 5 years ago in Property Law
Religion: Hindu

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16 Answers

The property of father in law was acquired by his wife, hence she becomes the absolute owner of the property, therefore the subsequent transfer by her to her daughter in law of the property by executing a gift deed, is very much valid and by this transfer the daughter in law becomes the absolute owner of the property.

Hence she can very well sell the property or alienate the same in any manner she may feel so or desire or decide.

Nobody can question her authority over this property which absolutely belongs to her. 

Since this is not ancestral property and the property was acquired by the daughter in law by a registered gift deed, the daughter in law acquires clear and marketable title to the property hence she need not obtain permission or consent from her children or anyone to sell this property.

 

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

You can buy the property if all other thigs are alright and duly recommended by a lawyer through his legal opinion.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

1. If the mother-in-law gifted the property to her daughter-in-law through a registered Gift Deed, then the daughter-in-law will be at liberty to deal with the property as per her sweet will.

2. There's no need to take permission by the daughter-in-law from her children and grandchildren for selling the property.

3.  Without obtaining signature from her children and grandchildren, she can sell the property to any prospective buyer. However, the answer is given based on the query posted by you and it's advisable to obtain legal opinion from a Lawyer after his checking the property documents.

Shashidhar S. Sastry
Advocate, Bangalore
5624 Answers
339 Consultations

Her children do not have any rights in the property, hence it is not necessary to obtain their consent to buy this property.

As per the information provided by you in the earlier posts, she appears to eb the absolute owner of the property with clear and marketable title.

In that case it is not at all necessary to ask her children to sign or give NOC or their consent to sell the property.

She can sell it on her own without anyone's permission or consent.

 

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Hello, 

  1. She is the absolute owner of the property as she received it as a gift. It will be treated as a self acquired property. 
  2. Therefore, rhe signatures of her children is not required whatsoever.
  3. You can certainly buy without signatures of the children of the seller. The only precaution you need to take is to ensure that the gift deed is registered. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

The property belongs to the person named in the will.she can sell it to anybody.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yeah you can.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A copy of the will should be placed along side the sale deed and it should be mentioned. A declaratory suit must be filed for declaring the property in her name.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Property gifted by mother in law to daughter in law becomes ancestral property in the hands of daughter in law. If daughter in law wants to sell that property signature is all legal heirs is required including children and grandchildren. It not safe to buy such property without signature of all.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1) she is at liberty to sell the property 

 

2) she does not need her children consent 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

You can purchase the property from her without children signature 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Sale deed should contain indemnity clause to indemnify you in case of any third party claims 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Hi, Daughter-in-law can free to sell the property. There is no need  of signature of her children or grand children.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear sir/ma'am,

 

As this is a self acquired property by means of gift, the children have no claim over it. So you don't require their signature. You can go ahead with the purchase of land form the lady as long as the gift deed is bona fide. Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since that property was purchased by father in law, then he was having his right to made a WILL in favour of wife .

- Further , after the death of husband the wife was also having right to gift that property to any one including her daughter in law.

- Further, the daughter in law having her right to sell the same without consent of her children . 

- Yes, you can buy the said gifted property without getting her children's signature . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

The children are the legal heirs and without their permission you may not proceed to sell the property solely on the basis of a Will. You will have to obtain an NOC from all the children stating that they do not object for you selling the property..

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

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