Is owner's son's signature required while buying gift-deed property ?
ANVPK
(Querist) 16 November 2016
This query is : Resolved
Hi,
In 20013, my friend bought a semi-furnished duplex house. The history of the property is as below :
The land was bought by a person A, and all his 3 sons S1, S2 and S3 from another person (That sale deed has A and S1, S2 and S3 as the Vendees). The whole land was given for development later. The builder made the land into plots (to construct duplex houses ) and allotted some plots to A, S1, S2 and S3.
S1 got some number of plots. S1 gifted some of the plots (with semi-furnished duplex houses built by the builder) to his wife through gift deed in 2007.
In 2013, S1's wife sold the house to my friend. At that time, they had a major son. My friend did not take the signature of the son as the officials at the office told that is not required.
Now, my friend am under doubt if he should have taken the signature of the son. Can you please let us know if he will face any trouble while selling the house in the future ? If so, is there something he can do now ?
ANVPK
(Querist) 16 November 2016
How ?
The owner was S1. He gifted it to his wife. So, his wife became the owner. So, does she not have the full power to sell the house ?
Ms.Usha Kapoor
(Expert) 17 November 2016
s1'S WIFE AS AN ABSOLUTE OWNER HAS RIGHT TO SELL THE PROPERTY.
ANVPK
(Querist) 17 November 2016
Thanks a lot for reply sir.
Can you please confirm that if my friend wants to sell the property, then the buyer will not ask for the signature of S1's son ?
Guest
(Expert) 17 November 2016
You have your Own reply in your second Post It self.Son's Consent Not required.Mother is the absolute Owner.Buyer Can Not ask such things.Son Is No way connected to the Property Legally.
ANVPK
(Querist) 17 November 2016
Thanks a lot to all for the replies.
Guest
(Expert) 17 November 2016
Welcome Please
Kumar Doab
(Expert) 17 November 2016
Agreed with experts.
Valid and registered gift deed confers ownership with immediate effect.
Owner can dispose the property by a valid deed.
Rajendra K Goyal
(Expert) 17 November 2016
If wife got the property through valid gift deed she is owner, she can sell / gift / mortgage / bequeath a will for the property, consent of any other is not required.
