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Sudeshna Basu (Non working)     21 November 2011

Buying property

We have found an old house in Gobindapur owned by an old gentleman who lives with his wife. His only son is married with a daughter but doesn't stay with them. The owner says that his son will not sign the Sale Deed as witness but our lawyer says that it is a must, considering that the son might file a lawsuit challenging the sale. The old man says that if we insist on having his son's signature, he will not sell to us.
 
What should we do ?
Regards,
S Basu


Learning

 6 Replies

Advocate Vishnu (Advocate)     21 November 2011

Dear Basu,

You need not take his son's consent if the property has been bought out of his savings( Self acquired property) or if the property is on the lady's name.This applies only if the vendor's are hindus.

adv. rajeev ( rajoo ) (practicing advocate)     21 November 2011

If it is self acquired property of the old parents then consent of his is not required.  If it is ancestral property old parents can sell their share 

adv. rajeev ( rajoo ) (practicing advocate)     21 November 2011

If it is self acquired property of the old parents then consent of his is not required.  If it is ancestral property old parents can sell their share 

unique horn (self)     21 November 2011

His son signing as a widness is not  enough.... He should also be the party in the sale deed.If  the property is ancestral one.  

Attesting as a widness to the  sale deed cannot be taken as his consent  to sell his share....  

Sudeshna Basu (Non working)     21 November 2011

Old father built the house with his own money. Son was a student then

Advocate Vishnu (Advocate)     21 November 2011

Dear Basu,

What about the land on which the property was built..?


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