My property rights

sambhavi sekhar (Querist) 30 June 2016 This query is : Resolved
Sir my name is swetha age(58) recently my husband expired.i have a property (open land) with my name and own house is with my husband's name. I have two sons elder son have 37 married and younger son have 33 not married.i am decided to sell my properties but some body told my son's signature must for sell that properties. They are asking total money. Pls tell me any way for me selling my property without my son's signature

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Guest (Expert) 30 June 2016
Dear Sanbhavi,

Whatever property is in your name you can sell that even without consent or notice to your sons, as you have an absolute right to dispose that in whatever manner you like.

So far as the house property is concerned, in the absence of any will of your husband, you are the owner of equal proportion with your sons and daughter/s also, if any. In that case, they can't get any money for your portion, unless you decide to relinquish your right on that in their favour.

They won't also be able to sell that house without your signature in the absence of any settlement or relinquishment deed signed by all and registered with the Sub Registrar.

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Kumar Doab (Expert) 30 June 2016
Expert Mr. Dhingra has fully explained the matter. Fully agreed.

Approach the authority under whose jurisdiction the property falls, to record inheritance.

Submit the death certificate and legal heir affidavit/certificate as asked by authority and obtain latest fard showing 'Virasat Ka Intkaal'.

Rajendra K Goyal (Expert) 30 June 2016
Agree with the experts.

You can sell your undivided portion in the property (which is in the name of your husband) without consent / signatures of your sons / other legal heirs.