My father gifted me a house site in the year 1982 and I constructed a house on it by taking a loan from the Bank. I am having 3 daughters and all are married and settled in USA. I have cleared the Bank loan and taken back the documents from Bank. Now I sold the property and the buyer wanted to registered the property by me and also by all my daughters as the site was gifted by my father. please advise me in this matter.
Asked in Property Law from Vijayawada, Andhra Pradesh
1) consent of your daughters is not necessary
2) you are absolute owner of property once gift deed is executed
3) it is not ancestral property that consent of your daughters is required
Your daughters are not required in this transaction as long as you are the sole title holder. From the facts stated by you it is amply clear that this is not an ancestral property either. Hence yours daughters are not required.
The buyer is asking for wrong this. The consent of your daughters are not at all required nor they are required to be made party to the sale deed.
This property is your exclusive property in which your daughters have no share in it,
So convince the buyer , else change to another buyer.
The buyer's demand is unjustified. Once the property was gifted to you, it becomes your own absolute property in which nobody can claim a right or share. The buyer appears to be too cautious and refuses to understand the law of the land. You may look for another buyer, drop this one.There is no necessity to obtain NOC or consent from your daughters.
1. What the buyer is saying is preposterous. During your lifetime your children have no share in the property which was gifted to you. You are at liberty during your lifetime to sell, gift or will your property to anyone you desire.
2. If your daughters are willing to sign the sale deed then you may go ahead with the sale, else find another buyer who talks sensibly.