Right to sell inherited property
RAJESH CHOPRA
(Querist) 18 March 2018
This query is : Resolved
Sir's
My wife are 3 sisters . On demise of my mother in law , my father in law , who was a joint owner of the house with my mother in law took consent of all three daughters & got 4 floors constructed and gifted his 3 daughters via irrevocable gift deed (including my wife) and gave one floor to builder as a price for construction.
all three got the gift deed registered and mutation done . In one floor my wife's younger sister started staying and in one floor (which was gifted to elder sister of my wife) my father in law is staying and my wife's floor was rented by my father in law and my wife signed the rent deed and tenant is still staying there
with passage of time relations of my wife with other sisters turned bad and they are not in talking terms whereas other 2 are in good terms with each other.
My father in law is old and not keeping good health and we do not want to risk our rented property by further renting and have asked tenant to vacate. The reason is that we stay far and cannot keep / maintain the property and also my wife's other sister who stays in same building may connive with elder and do some mischief.
We now want to sell my wife's floor. would like to know if my wife can sell without any hesitation. Can other sister's or my father in law (under the influence of other 2 sisters) can create any legal hurdle for my wife of any sort in selling.
Gift deed is irrevocable with right to sell / rent etc. It is duly registered in my wife's name and also mutation done.
Thanks
kavksatyanarayana
(Expert) 18 March 2018
There is no problem. your wife is going to sell only her share which was gifted through registered document. get the sale deed drafted by an advocate who well knowledged in drafting the deeds.
Vijay Raj Mahajan
(Expert) 19 March 2018
Complete documents relating to the property has to be checked to provide correct legal guidance. Online discussion can be harmful and create more problem for property relating matters.
