Udyan Sharma 19 July 2025

Do we sons need to be present when selling property in mother’s name?

Hi Experts, We neer some guidance regarding a property matter in Lucknow. Commercial property was originally in my father and mother’s joint name. Before my father passed away, he made a registered will saying that his share of the property should go to my mother. After he passed away, we also got the mutation done, and now the property is fully in my mother’s name. Now we are selling the property, we want to understand that whether we the sons (both are overseas) also need to be there at the time of registration. Can you please guide us: Do we (the sons) need to be there at the time of registration. Is the registered will and mutation enough for my mother to sell on her own? Thank you so much for your help.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 20 July 2025

As you said that the entire property is on your mother's name especially after your father's death, then the property becomes your mother's own and absolute property.

In this situation her sons or anyone need not be present for registration of sale in favor of the prospective buyer, therefore you both do not have to be physically present or even need to give your consent for this proposed sale

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Advocate Bhartesh goyal (advocate) 20 July 2025

Since you and your brothers are neither owner nor joint owner of property and your mother is absolute owner of property so your presence or signatures are not required in execution of sale deed.

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P. Venu (Advocate) 20 July 2025

Admittedly, the mother is the absolute owner. As such the sons (nay, the children) need not be present during the execution and registration of the conveyance deed.