Consent of my sister
Megha
(Querist) 27 January 2016
This query is : Resolved
Dear Sir/Madam,
I am unmarried woman and me and my mother are living together. My mother does not have any source of living. I am doing a job and taking care of my mother and myself. My father has left the flat. My father died intestate at a very early age. At that time me and my sister were minors and hence my mother became the sole owner of the property. We sold that property before 27 years and took one flat. Now me and my mother want to sell the flat and buy a new property. Do we require my sister's consent to buy new property? Or is there any legal document we need to execute and get it signed by my sister to sell this flat?
Rajendra K Goyal
(Expert) 27 January 2016
In whose name the present property exist?
If it is in the sole name of your mother she can sell it, no need of consent of others.
Kumar Doab
(Expert) 27 January 2016
It is felt that similar query has been discussed tiled' father's Property'.
Apparently in this query you want to cite that current flat was purchased from income of old flat.
Your mother and two minor daughters (you and your sister) has a share by inheritance in old flat.
If you have maintained your mother it is no cause and reason to claim higher share.
Your sister is also liable to maintain her mother.
Your sister may sign as consenting witness, during sale.Or you and mother may enter into registered family settlement with your sister.
This may put all speculations and apprehensions to rest forever.
Consult an able counsel with all docs on record.
Adv. Yogen Kakade
(Expert) 27 January 2016
Take the sister as the consenting party to the agreement for safer side as the property has been purchased out of the consideration of the property in succession.
kavksatyanarayana
(Expert) 27 January 2016
Author, as your father died intestate and the flat is in your father's name. as a guardian, your mother might have paid the taxes etc.., and maintained the house till you get majority. But your mother, you and your sister have right over the property. so now if you go to sell, your sister signature is must. so your sister should forego her rights over the property by way of executing a "Release deed" in favour of your mother and you. then you & your mother can sell it. consult a local lawyer.
