• Ancestral propery

Mr A bought a agriculture land. He has Son B and Daughter C. Mr A died intestate (without executing any will). C executed a Release deed in favor of B. Now I am buying the property from B. B has two sons D, E and one daughter F. Can I get the SALE Deed registration only from B?. Or Do I need to include D, E and F as parties in the SALE DEED?
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

Since the property in 'B' s hands is treated as self acquired property, there will be no need to take the signature of anyone, including his children, viz., There's no need to include 'D', 'E' and 'F'. as parties to the sale deed.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If A was survived by by  B and C alone, and if C had relinquished her rights in the proeprty by executing a registered release deed, then B becomes an absolute owner with clear and marketable title to the property.

In that situation, there is no necessity for his children to execute the sale deed jointly along with him.

The sale deed can be executed by B alone. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can add D & E to sale deed as witnesses only if they are major. If they are minor, they have to power to appear as witnesses of give a valid consent. If you want to be absolutely sure, you can ask B to obtain permission from Court to sale the share of D & E.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You don’t need to include his sons and daughter as parties to sale deed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

As per the facts which have been provided, if B is the owner of the property then it is not required to include his children in the Sale Deed.

Hope this clarifies your query and requirement.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

You need to make parties B, D, E and F. Mention all history of transactions and family.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Yes include them parties or seek noc from them

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

As you say A bought the land by himself, it became his self-acquired one. When he died intestate, it automatically devolved upon B and C in equal measure. If A's widow and mother have survived him, then A's mother, his widow, his son B and daughter C all shall inherit 25% undivided share each. Consent of sons D and E and daughter F of B is not at all necessary.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

It appears to be the self acquired property of A and not any HUF property

so D, E, and F are not required to be parties in the sale deed

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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