• Can I a woman of 60 sell my home to a Muslim in West Bengal

Sir I am an hindu widow of 60 year old and i want to sell my home which i bought with my own money to a muslim man? The person from whom i bought this land is trying to create pressure on me so that i do not sell this property.In such situation can i make a gift deed to this muslim man
Asked 6 months ago in Property Law from MAHISHADAL, West Bengal
Religion: Hindu
1. Well, the buyer has got absolute right to choose the buyer irrespective of choice/opposition of his seller.
2. So in your case you have got absolute right to choose to who you wish the sell the proeprty. Your seller has not manner of right to dictate you on this.
3. So go ahead with the sale irrespective of opposition from the man from who you bought the proeprty.
Devajyoti Barman
Advocate, Kolkata
5219 Answers
54 Consultations
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1) you are at Liberty to sell your house to whomsoever you desire 

2) take sale  price by cheque and sale deed shoukd be duly stamped and regd 

3) don't execute gift deed .the reason being you would be taking consideration in cash from the Muslim donee and showing that you executed gift deed 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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Hello,
1) No one can restrict you from selling the home to any one of your choice irrespective of what caste, creed or region he belongs to.

2) If the previous owner is creating any objections you can always file a complaint to the police and seek help.

3) If you wish to make a Gift Deed, you can do so without any fear. However you would have to pay stamp duty and registration charges equivalent to a sale deed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Nobody can object you selling your property to anyone of your choice. The vendor has no rights to restrict you from selling your property to a Muslim or Christian.
You can go ahead with the selling of the property by executing a registered sale deed. 
Transfer of  property by a registered gift deed to other religion person may raise eye brows of many for possibilities of fraud, hence it is better to avoid such transactions, however there is no legal infirmity by such transaction too.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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1. You are within your legal right to sell your property to any one you feel like irrespective of creed, caste and religion, for which no body is authorised to raise any objection,

2. Ignore the pressure created by the earlier owner,

3. Lodge a police complaint against the said person if his said pressure becomes unbearable to you.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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You can gift or sell him your property. The person from whom you purchased the property ceased to have any right, title or interest in the property if it was an unconditional sale, he has therefore no authority to counsel you as to who should be the prospective buyer of the property. 
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
since you are the absolute owner of the property which you had purchased out of your own funds it is your self acquired property, nobody has the legal right to stop you or interfere with your decision to sell it to anybody you wish to for any consideration therein. 
The person from whom you purchased this land if he is trying to interfere or put pressure on you not to sell the property to a particular person of a particular community then you can bring a restraining order against him, and prevent him from interfering in this matter in the future.
Making a gift deed to a person out of family member will attract the same stamp duty as a conveyance deed, it is no different.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0

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