Right to sell property
K K S V SOMESWAR
(Querist) 20 May 2016
This query is : Resolved
This is a practical one. Land is in the name of father who is having four sons and two daughters. He is old now with no income and maintenance becomes difficult for him and his wife. He wish to sell a portion of his property. But one of his son is reluctant to sign for selling the property. What is the recourse left to father who at this old age is unable to meet his medical and maintenance of he and his wife ? All other three sons and two daughters are willing for selling the property and are prepared to sign and only one sign is not coming forward.
Pl provide suggestions. thanks.
Kumar Doab
(Expert) 20 May 2016
If father is owner of the land then he does not require anyone's consent to sell.
He can file case for maintenance from sons and daughters.
There are many threads at LCI on similar queries e.g;
http://www.lawyersclubindia.com/experts/Rights-of-old-age-person--599526.asp#.Vz8EyTV97IU
Rajendra K Goyal
(Expert) 21 May 2016
If the property is in the name of father he can sell, no need of sign of any son or else.
Even in case of joint property father can sell his undivided share in the property.
