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inheritance

Querist : Anonymous (Querist) 16 April 2010 This query is : Resolved 
sir
i along with my two kids got property inherited from my deceased husband. myself and my two kids jointly are co-tenants of the property. my kids are minor and studying in school.

now due to requirement of money in my house i want to sell my share (one third) from the property. but the sub-registrar is questioning that since the property in been inherited from the deceased husband hence you can not sell your share as the property will go to the kids after your death like you got from your husband.

being a natural guardian of my kids can i sell my share from the property.

would it attract any legal implecation?

please suggest best way.
N RAMESH. (Expert) 16 April 2010
The sub register has no authority to question your right to alienate the property. Being the natural guardian you can sell minor's property on their behalf. Even if there is dispute only the aggrieved party can challenge it and no one else.

You submit the document for registration and if refused make a complaint against the registrar and register the document with higher authority.

You can demand the sub-register to give his reason in writing so that it can be challenged in a court of law.

Neither registration act nor stamp act give any such power to sub registrar and they are concerned only with collection of stamp duty and have no power either to go into the question of title of parties.
Raj Kumar Makkad (Expert) 16 April 2010
I concur with ramesh.


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