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Harsha Vardhana R (Project Manager)     06 December 2015

Sale of a property including a woman's share

Dear Experts,

 

This is regarding the sale of a property with a wowan as an equal right-holder.

 

The family has 3 persons, 2 brothers (both unmarried) and 1 sister (married & has 4 major daughters). They intend to sell a property self-acquired by their father. As there was no WILL, it was later transferred to their mother's name with the consent of all 3 children. As mother has also passed away, the children intend to sell the property. 

 

Now, the doubt is about the absolute rights of the woman right-holder.  As she has children, is their consent also required for the sale? 

 

Regards,

Harsha 



Learning

 9 Replies

Rajiv Thakur   06 December 2015

Hi there Frankly speaking I dint got the logic behind transfer after fathers death. However....as for now maths is simple. All three holds right equally over such property. There is no involvement in such property of grandchildrens until all three child to deceased lady are alive.
1 Like

GANDHI MOHAN BHARATI (Pensioner)     07 December 2015

I agree with Rajiv Thakur. Further, any property whgich comes into the hands of a women by way of Sridhan, gift, will, partion etc., is deemed to be her Self Earned Property, under Women's Property Rightds Act. Therefore, her children cannot create any problem

1 Like

Kumar Doab (FIN)     07 December 2015

 

 

You can thus check if the proeprty was indeed self acquired/self earned.

 

 

If all 3 children relinquished their rights by a valid and registered relinquishment deed then the trnasfer is complete. Or you may check if some consent was given for entry in mutation records.

This shall help you to understand whether the property acquired the status of self acquired/absolute prperty or not.

 

In case of deceased HIndu male the property shall devolve upon her sucessors as per Hindu Succession Laws:

 

---If self acquired then to her husband and children.

---If acquired from her husband then upon legal heirs of her husband.

---If acquired from her father then upon legal heirs of her father.

 

Apparently in this case the property can be sold by children.

However once again they children should get the inhertitance recorded proeprly in mutation records................................and all of them should sign as sellers.

 

You may lean upon your able counsel for proper legal opinion.

 

 

 

 

 

1 Like

Harsha Vardhana R (Project Manager)     07 December 2015

Thank you experts, for your clear and detailed clarification.

 

If the property is still in the mother's name, is it necessary for the children to get a joint ownership?

 

As one the male right-owners is mentally ill and medically classified as 'unsound', his brother is in the process of acquiring legal-gaurdian status. I believe he can sign the sale-deed (with the consent of the district-court that awarded the legal guardianship under sections 53 &54 of MHA 1987 ACT).

 

Kumar Doab (FIN)     07 December 2015

First of all : the children should get the inhertitance recorded proeprly in mutation records................................

The authority under whose jurisdiction the proeprty falls e.g. MC...........can transfer the title in thier names as per set procedure and formats/forms. You may check with them.

 

All of them should sign. The leagl guardian may sign on behalf of mentally unsound child.

 

You may acquire certified copy of the guardianship and get it rtecordfed in sale deed.

 

You may lean upon your able counsel for proper legal opinion.

 

1 Like

Harsha Vardhana R (Project Manager)     07 December 2015

Thank you to each of you for making the procedure very clear.

 

Get the gaurdianship, if not yet awarded by a designated court. The court need to give an explicit permission for a sale behalf of the mentally unsound heir. 

 

All 3 names should be marked as new owners in the govt records of ownership. They can submit the death certificate of the current owner (mother).

 

In the sale deed, a copy of the legal-guardianship also needs to be attached. 

 

The children of the woman right-holder have no authority to interfere in the sale process. 

 

 

T. Kalaiselvan, Advocate (Advocate)     16 December 2015

Firstly the property was purchased by the father and he was in possession till his death as an absolute owner subsequently he died intestate.  After that the legal heirs jointly decided to relinquish their rights in favor of their mother and the mother was an absolute owner till her intestate death. After the mother's dath the property dvolved equally among all her legal heirs which constitute her three children.  Therefore these three legal heirs are the absolute owners of the property and they need not take anyone's consent to dispose the property.

Now, the question is one of the legal heirs is mentally unsound and the other has obtained legal guardinship through court to manage the properties of the mentally ill person.  However to sell the property  of mentally unsound person, the legal guardian has to once again obtain permission of court. 

The daughter need not consent from her children to dispose her own share in the property. 

1 Like

Harsha Vardhana R (Project Manager)     16 December 2015

Thank you, Sir.  You made the position very clear. 

T. Kalaiselvan, Advocate (Advocate)     17 December 2015

You are welcome for the appreciations. 

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