Only sister and an elder brother approval is sufficient.
Hello sir, I'm purchasing a property which is registered in 1972 by the seller's late father. The seller's father has 3 sons and 1 daughter they partitioned the father's property into 4 parts equally in 2019. Now I'm purchasing one of the property of them to whom it belongs jointly are sister and an elder brother. The seller's father and mother both have died and an elder brother has no Kids but his sister had a son. Now my question is does her son's approval needed for registration? Just both sister and an elder brother approval enough?
Son approval is not necessary for sale of property by mother
2) sister and brother consent is sufficient
You do require son's approval needed for registration only sister and elder brother’s approval is not sufficient and son can challenge the sale deed in future.
1. In the instant case, there's no need for sister's son's approval for doing the registration of the property in your favour.
2. Only the sister's and her elder brother's approval and signature is enough. However if the sister's son voluntarily comes and signs as one of the witnesses in the sale deed in your favour, then it will be welcome.
If the property belonged to their deceased father and the legal heirs have properly partitioned the properties among themselves, then their share in the properties become their own and absolute property.
Therefore they do not need to obtain permission or consent from their next generation children for whatever reason, at least not during their lifetime.
In any case, if you are purchasing the immovable property, it is always advisable that you obtain a proper legal opinion from an advocate having good knowledge in the property matters.
Dear Sir/Maam,
1) After partition land becomes self acquired property
2) The owner of self acquired property has rights to dispose off their property according to their own wishes.
3) If your are buying jointly owned property only the consent of both joint owners will be needed.
4) Thus the consent of brother and sister is sufficient.
Thank you
- As per law, after the death of father , his property would be devolved upon all his legal heirs, i.e. wife , children
- Further after getting the share of the property , it will considered as self acquired property , and that person will have his legal right to sell the same without any interference .
- Hence, as both have got their share by way of partition deed, then both having their respective right to sell the property and no need take approval of their kids legally.
- Sister and elder brother , who are selling their property approval is enough.
Your query: Whether her son’s approval needed for registration or just both sister and brother approval is enough?
Answer: In your case, the ancestral property has already been partitioned between seller and his siblings. So, you need not worry about grandson’s approval because after the partition of property in 2019, it has become “self-acquired” property for the siblings and it can no longer be considered as “ancestral property” for grandson.
So, just brother and sister’s approval is enough for registration.
Hope this satisfies your query! All the best !
Hi
In hindu succession law(Section 14 of Hindu Succession Act), any property obtained by a Hindu Woman is her absolute property and hence her son cannot claim any right over the property. So,technically, it is sufficient if the elder brother and sister alone sign the Sale deed.
However, if the buyer so wishes (it is purely buyer discretion), he can always ask the grand son to sign the document as consenting witness. please note consenting witnesses is different from witness to sale deed.
Hope this information is useful.