Consenting witness of children to buy self acquired property
Manjunath
(Querist) 21 March 2022
This query is : Resolved
we are planning to buy a property below is details of the same
Person A purchased plot in 1992 and then constructed house in 1994 on the plot. Absolute sale deed is in name of person A.
Person A is selling house now, he is now 79 years, he has wife and 3 children. His children are NRI and all of them are residing in USA now.
My lawyer is suggesting taking consenting witness from Person A’s wife and all his children due to the age of seller. Since the children are in USA he suggested to get GPA from all children giving rights to Person A and then Person A himself can sign behalf of all children as consenting witness.
However their family is saying getting a GPA is more work and since the property is self acquired property of the Person A, children signature is not needed and is not feasible for them get it GPA and be part as consenting witness.
They are saying they can max arrange for a NOC in plain paper signed by children.
Please suggest do we need consenting witness of all children’s either by giving GPA or just NOC on plain paper is fine OR don’t need signature of any children on sale deed in anyway?
Advocate Bhartesh goyal
(Expert) 21 March 2022
Since questioned property is self acquired property of ' A ' so no any consent or signatures or GPA of A's children are required in sale transaction.
kavksatyanarayana
(Expert) 22 March 2022
Yes. Very well said the above learned expert sir. It is the self acquired property "A" he can do as he wishes.
P. Venu
(Expert) 23 March 2022
Yes, 'A' can dispose of his self-acquired property at his discretion - no consent or NOC is required from anyone - legal heirs or otherwise.
P. Venu
(Expert) 23 March 2022
Yes, 'A' can dispose of his self-acquired property at his discretion - no consent or NOC is required from anyone - legal heirs or otherwise.
Manjunath
(Querist) 03 April 2022
Thank you for reply sir.
