Self acquired property
lakshmi
(Querist) 13 December 2013
This query is : Resolved
Dear Sirs, My mother is 72 years old widow. She has purchased a 30x40 plot in Bangalore during 1988-89 by selling her jewellery. At that time, the owner of the plot has executed a Power of Attorney in her favour duly notorised. She has 4 children - 3 sons + 1 daughter(me). Since we are very poor at that time, and we children are very small, she did not bother to know what is the further procedure after getting the GPA. After getting GPA, she constructed a very small house with some hand loans from finance companies in that plot and started staying there. As & when the Electricity and Water connections are available in the area, she has applied for that through GPA document and obtained the same in her name. Even she is paying property tax for the property in her name.
All the above has happened about 23-24 years back at that time the plots were available very cheap rate.
Now 24 years passed, everything has changed in her life too. All 4 children got married.
Elder son stays separately from last about 10 years, and says he does not require any share in this house property at all.
Second son stays separately from last about 8 years and irritating her to the least extent and asking for his share of property.
Third son is staying with her and looking after all her.
Now since the three sons are in different ways, she wants to sell this property since she does not want to give any share in the property to her second son.
Please help me out in finding a solution whether if she wants to sell the property, what is the procedure? What is the documentation to be executed? Can she and her last son stay in the same house without allowing the second son to enter in that house? She is now very worried and so seeking your expert advice on the legalities in the course of action to be taken.
BAALASUBRAMANNYAMM
(Expert) 13 December 2013
the said house property is your mother's self acquired property. So she can do what ever she wants. In this, nobody (either any of the sons and the daughter ie yourself) have no right to object her acts. If your mother wants to sell the said property, first she can execute an Agreement of Sale and then go for a registration of a Sale Deed, after receipt of the total consideration amount.
BAALASUBRAMANNYAMM
(Expert) 13 December 2013
the said house property is your mother's self acquired property. So she can do what ever she wants. In this, nobody (either any of the sons and the daughter ie yourself) have no right to object her acts. If your mother wants to sell the said property, first she can execute an Agreement of Sale and then go for a registration of a Sale Deed, after receipt of the total consideration amount.
Raj Kumar Makkad
(Expert) 14 December 2013
Your mother is free to deal with her property as per her free will and wishes and none has any legal right to obstruct her in doing so.
Rajendra K Goyal
(Expert) 14 December 2013
Property is of your mother, she can sell, gift, will, assign, mortgage as per her wish.
lakshmi
(Querist) 16 December 2013
Thank you Sir,
Please let me know one more thing Sir.
1) If she wants to sell the property, should she require to obtain any signature or approval from her sons/daughter since she is staying with one of her son?
2) If she wants to retain the property can it be possible to retain as she is staying in that property with her third son and can she say "no entry" to her second son?
Regards,
Simi Salooja
(Expert) 16 December 2013
Dear Lakshmi,
1. If she wants to sell, since it is her self acquired property and only on her name you have all the documents, like property card, electricity bill and water bill ect, then she can sell it without consent of any of her siblings / relatives
2. while she wants to retain the property... she can follow the follwing 2 steps
a. make a gift deed/ settlement deed (which ever applicable in your state) in the names of the children she wish to share her property with - with this the property will get immediately transfered in the name of the person gifted to.. while she is alive
b. she can execute a will, in which she can specifically mention the share that she wants to give and anything that she does not want to give/ share. this document should get registered and this will be executed after her death....
regards
adv simi
mumbai
lakshmi
(Querist) 18 March 2014
Thanks for your advise.
Now the second son is making 'galata' and 'shoutings' and says he will come back and stay with my mother in that house. My mother does not want to stay with him in that house. She does not want to allow him to come and stay in that house.
What is the further course of action to be taken. He is harassing us (me and other two brothers of mine) and says that we should not interfere in this matter. Since my mother is widow, how can she face this situation. Please help me out.
Regards,
ajay sethi
(Expert) 18 March 2014
she can lodge complaint with local police station against her son of criminal intimidation . she can also obtain an injunction restraining her son from entering her house
