• Sale of self-acquired property

My father is aged 92 and mother 86. I am the eldest son with 2 younger sisters. He had arranged to sell his house which self acquired. The buyer wants my signature on the sale deed as a witness .My father says he will dispose the proceeds as he thinks and does not commit to anything. Can I use my signature on the Sale Deed as my power to claim my share. If I do not sign can the sale proceed?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you have no share in your father self acquired property . 

2)it is not necessary that you sign as witness. sale can proceed in your absence too 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Hi
If your father has acquired it with his own earning, he can dispose it as he wants. This means while he is alive you and  your sisters have no right in it. Your signature is not needed to sell it.
If you sign in the documents as a  witness  it is not going to do any good to you , no way you can claim the amount by signing it.
 Your signature is not needed in the sale agreement to make it legally valid, as you are signing as a witness not as a a confirming party as a legal heir.  But at the same time your signature will be treated as of a witness like any outsider
The  sale can proceed without your signature.
If anything left behind after your dad's death you will have the one share along with other legal heirs.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
1) Your signature is not required for the sale to take place.

2) You don't acquire any rights by signing as a witness in the sale deed. Your father is at liberty to sell and dispose of his property and is not liable to part with any share as it is a self acquired property.

3) If your father dies without a Will all siblings and mother will acquire equal rights.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi sir/madam, Yes your signature is required on the sale deed as witness, the buyer will take your signature for his safeguard to avoid the future litigation if any. If you done the signature you have to loose your rights through had knowledge about the transactions. You can decide it. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
Since it is the self acquired property of your father he has the absolute right to sell the same and his wife's and/or his children's or any body else's signature is not at all necessary and your father will be within his rights to dispose of the proceeds as per his sweet wish and will and even if you do not sign the sale deed it does not affect the transaction and can be carried out.
Shashidhar S. Sastry
Advocate, Bangalore
1236 Answers
59 Consultations
5.0 on 5.0
It  is  the self acquired property of your father and you do not have any rights in it.  Though you can sign the sale deed as a witness, in my opinion it is not essential or necessary.  However since the buyer insists on to allay his fears, there should not be any problem in you witnessing the sale deed executed by your father.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. The signature of none except the owner is required on the sale deed. Be that as it may, you may sign it if the prospective buyer has so desired.

2. No legal right will accrue to you by virtue of your signature on the sale deed. Your father will be at liberty, regardless of your signature on the sale deed, to distribute the sale proceeds according to his sweet will. He may give the proceeds in entirety to a trust or burn them.

3. The sale can proceed untrammelled if you do not sign the sale deed. The buyer seems to have harboured a misconception, apparently because he has not obtained legal advice.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
You have no right over the self acquired property of parents. Even though you are not put the signature the sale deed become valid. Due to old age of your father ,the buyer has fear so he insist the witness from sellers close relative.
Ajay N S
Advocate, Ernakulam
1912 Answers
19 Consultations
5.0 on 5.0
1. The buyer is playing safe to ensure that you are left with no scope to challenge the said sale deed on any ground later on,

2. You can not claim any share on the said property in any circumstances with or without your signing as a witness of the sale deed.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
 If you do not sign the sale deed, you can challenge the sale deed alleging that your father was not in his right mind due to old age for which the said sale deed executed by him is invalid. 
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0

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