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venkat b. (owner)     05 July 2017

Inheritaed property and the rights of the children

Sir, I and my only elder brother  had inherited a property which was self acquired by my father who had expired inestate.  Now, I want to know whether my children will have any right on the sale proceeds ? While selling, do they need to be part of the seller or do they need to sign anywhere ? (as my buyer is aksing)



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 7 Replies

Kumar Doab (FIN)     05 July 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN)     05 July 2017

The buyer is taking extra but proper  precaution since it is inherited property and sale deed might be in the deceased father.................and you might be providing mutation rcords showing ownership by inheritance and/or link docs e.g; death certificate, legal heir certificate.....

 

Your and your brother's children have NO forced share in sale proceeds and can be witness/consenting witness.

It is felt that it is not determental   to your interest.

 

venkat b. (owner)     06 July 2017

sir, thanks for sparing your time. Subsequent to demise of my father, my and my brother had carried out partition deed and hence the property is in my name. Yes I am a hindu.

The buyer is asking my self and  my two sons to be sellers whereas the property is solely in my name. As you expressed I proposed that they would be witness. Sir, what is consenting witness ?

If I mention them as sellers, do i need to pay to my sons as well (the sale proceeds). Alternately, can I give any declaration to this effect by my sons.

thanking you.

Kumar Doab (FIN)     06 July 2017

The owner alone can sell.

If you are sole owner then until by your sweet will you confer rights of owner by a valid/registered deed to children, they are not owner.

If they are major they can be witness.

A very able local senior counsel specializing in such/civil matters can render a considered opinion, after examining all property related docs.

 

Kumar Doab (FIN)     06 July 2017

You are welcome.

venkat b. (owner)     08 July 2017

Yes, sir I am a hindu.

Kumar Doab (FIN)     09 July 2017

Already responded.


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