Krish Narayan (Advocate) 24 June 2012
T S Jayachandar (Advocate) 25 June 2012
yes for all practical purposes.
S Jadhav 98336 98330 (Jadhav & Associates) 25 June 2012
Dear Krish,
Your reasoning is correct but manytimes they buyers, out of utmost precaution wish to have the signatures of other related parties who may create legal hassles in future though may not succeed.
If you have no problem in getting them to sign you may do so as it does not have negative repurcussions for you. However, if is is a problem to get the sisters to sign, then you may also get them to sign as witnesses which will also serve the purpose of the buyer.
Also, just to let you know, if the property is considered ancestral then , even if the person gets married later (after acquiring the property from his parents), the children have a share in the same as per Hindu law.
S Jadhav
Ajit Singh Cheema (practising Advocate) 25 June 2012
For A the property may be self acquired, but on transfer to B , For B it is an ancestral property, it cannot be his self acquired property.Being bechelor or married does not effect the status of the property.
Though its ancestral property, if the mutation has been sanctioned in favour of B, he becomes the sole owner of the property for his life and can sell the same without any interference from his legal heirs.
K.K.Ganguly (Advocate) 26 June 2012
Once the property has been partitioned in some body's favour, it is treated as his self acquired property for all practical purposes.
Krish Narayan (Advocate) 05 August 2012
THANKS FOR REPLIES