sagar (Worker) 29 December 2020

Property law + inheritance

Folks,

I'm planning to buy a property(plot) in bangalore, karnataka.
Seller is 80+ year old man. Seller(S) has got property as gift deed from his son(A) with no conditions.

Son(A) has purchased property with his own earning before that. A has wife and kids. Seller(S) has another daughter(B). B also has son and husband.

1) Can seller(S) execute sale deed in my name without consent of his son(A) and daughter(B) and his grand children?.

2) Do we need seller legal heirs A and B and their dependents also sign sale deed as consent witness?. Please let me what are option should i consider to be void of any future disputes.

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8 Replies

Advocate Bhartesh goyal (advocate) 29 December 2020

Since seller is absolute owner of property so he can execute sale deed without consent of his sons,daughters grand children

( 2 ) you need not to get seller legal heirs and dependents sign on sale deed as seller is absolute owner of property.

G.L.N. Prasad (Retired employee.) 29 December 2020

If possible, insist for the witness signature of his son to avoid problems.

1 Like

Kishor Mehta (CEO) 29 December 2020

If the gift deed is properly stamped and registered you are the absolute owner and can sell the property. You do not need any permission from anyone.

sagar (Worker) 29 December 2020

@Kishor Mehta, Gift deed is properly registered and executed by son(A) to his father(S) name. Father (S) is the seller in my case.

Pradipta Nath (Advocate) 29 December 2020

Since A is the absolute owner of the property via Gift deed, he can execute sale deed to you.

There is no need to have A's legal heirs as witness over the sale deed.

kavksatyanarayana (subregistrar/supdt.(retired)) 29 December 2020

A is having a right to revoke (cancel) the Gift deed whether it is not valid in a court of law. But the SubRegistrar cannot refuse the registration of revocation of Gift deed. So it is best to get the sign of A in the sale deed.

Dr J C Vashista (Advocate) 30 December 2020

There is no problem in buying the property in the given circumstances / facts.

However, for your further satisfaction it is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.