• Rights of only daughter on property inherited through her parents

Sir,

My 80 year old widow grandmother (Mother's mother) is a Christian (Roman Catholic) by birth and an only daughter to her parents (both deceased). Following her father's death (in the absence of a registered will or gift deed from her father), she acquired one of his immovable properties, a piece of land which he had self acquired as she was the sole legal heir to the deceased. The Khatha and  Pahani documents of the land were subsequently transferred to her name being the only daughter.


Now as she is in need of funds for her personal commitments and wants to sell this immoveable property  acquired from her father to a 3rd party and needs to know if she requires the consent of all her major children (3 daughter's and 2 sons) to sell the property, do they have to also go with her to the sub-registrar's office to register the property to a 3rd party or can she single-handedly register the property. 

If she singlehandedly registers/ sells the property, can her male children file a suit against her or the party to whom she sold the land claiming their rights on the property as ancestral?

Would it have made a difference had her father registered a gift-deed for this property in her name before death?

Please help suggest your opinion on this query.

PS: My grandmother has not acquired any movable/ immovable properties from her husband who passed away in 2009, he had nothing in his name and had not made any properties in his life time.

- Dennis
09845720981
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) consent of her children is not necessary for sale of the property . she is the absolute owner of property and can dispose it as she pleases . 

2) children are at liberty to file suit to challenge the sale but chances of success are remote . 

3) during grand mother life time   her children have no rights on the said property . 

4) it is only if she dies intestate would they inherit grand mother property

5) please take note that grand mother  is the sole legal heir to self acquired property of her father . it is not ancestral property by any stretch of imagination
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Hi, it has become ancestral property then consent of the children will be essential and children also have right in the property    or other wise they will go to the court and subsequent purchaser will not get valid title and if the property is self acquired then she can sell to any body and children have no right in the property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi,
 The grand mother is the only legal heir to the property as her father died intestate and , there were no lineal descendants too.The grand mother does not   need her grandchildren's consent /NOC to sell the property  as it is not an ancestral property. . As the provisions of Indian Succession act 1925 sec. 37, it is up to her what she wants to do with it as it is a property is got from her father.
If the grandchildren goes to court then  there is not much scope as it is purely a self acquired property she got from her father.
Gift or will in her name would not make any difference in the status of her right to the property.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
She is the only legal heir to her father.so she is the sole owner of the property only after her death children have right.till then she can sell the same without the permission of any.her grand children will acquire right only after her children. Even if they got to court it will no way affect the sale so go head feel free to talk and clear your doubts. If your grandmother is in good health and good memory then nothing can be done.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Since it is not an ancestral property and your grand mother is the sole legal heir of her father and therefore she is at liberty to dispose off the property in any manner she decides.  Only option is if she dies intestate(without leaving a WILL), then her legal heirs will have share in the property. It would not have made any difference even if her father had registered Gift Deed in her name.

Your grand mother does not need any body's consent, including consent of her children or grand children and if any body files a suit against her or the third party to whom she sold the land, it would be futile.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Hello,
Since the property was self acquired by your great grandfather and inherited by your grandmother as the sole heir upon his dying intestate she does not need the permission or NOC from her children to dispose it off.In other words she is the absolute owner and can  all by herself go to the sub-registrar's office to get the property registered in a 3rd party's name.
It would not have made any difference if a gift deed was executed in her name  as in any case she would inherit the property.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. It is not an ancestral property of the children of your grandmother. She is the absolute owner of the said property for which she requires nobody's consent to sell the same,

2. Her children can file suit demanding share on the property but it will not stand the test of trial,

3. Her childre's accompanying her to the registration office is optional and not mandatory,

4. Since it is her property even now, it would have hardly made any difference, had the property been gifted to her by her father.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
ancestral property then consent of the children will be essential and children also have right in the property
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Your grand mom has absolute right on the property she inherited from her father and there is no need to get consent from her sons while selling or transferring it to someone. She can dispose that property off by selling, through will or gift.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0

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