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A K TRIPATHI (AGM)     03 February 2014

Sale of house in mother's name

My father had bought a land in my mother's name and later a house was constructed on it. My father and mother both contributed monitorily in land/ house. The house is registered in municipality in my mother's name and she pays regular taxes. I am eldest son. My only brother died in accident ten years back. He is survived by his wife and daughter who now live separately. We have no sisters. 

Question is (i) Can my mother sell the house without needing consent from my father, me and the wife of my diseased brother ? I have no objection to sale but my father or brother's wife might have.

(ii) If she sells is she under obligation to distribute proceeds in a particular way ?

(iii) can my mother transfer the house in my name without consent of anybody, if yes how (gift/transfer ?)

Thanks in advance for kind guidance.



Learning

 4 Replies

adv.raghavan (Advocate,9444674980)     03 February 2014

1, She is free to sell,she do not have to consult the people u have mentioned,2, it is upto her to decide on that  3, yes she can transfer. IT HAS BECOME ABSOLUTE PROPERTY OF YOUR MOTHER.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     03 February 2014

Since your mother is title holder of the property, it is as her wish to whether to sell to not sell. She need not take any consent from any other family members. She can write a WILL in your name as per her wishes only. Not forceable. 

Kumar Doab (FIN)     03 February 2014

Agreed with the advice of experts.

S.QAISAR ALI ADV. (Advocate)     03 February 2014

rightly opined by experts -Agree with experts.


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