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MS   26 October 2024

Unable to sell property

Hi,

I'm facing issues while selling my house.

To begin with, My father had not written any will and passed away.

Me and my 2 siblings had written a partition deed and distributed the properties accordingly and I have got one house on my name.

We dont have any problem with my siblings.

Recently I have opted to give this property to my wife and written a gift deed on her name.

I have 2 kids of which 1 son is not taking care of us, so I decided to sell the property but buyers are asking for their sign aswell but one son is not ready to sign.

Could you please help me if I can sell this property or not as one of our lawyer said we cannot sell a partition property with my son's sign. But me and my wife have medical issues and in need of money. Please advise.



Learning

 7 Replies

Advocate Bhartesh goyal (advocate)     26 October 2024

Property ontain by you through registered partition deed then it will be considered your self acquired property and you have every right to transfer the property by sell, gift or bequeath through will, your son has no right over property and his signature is not required  on sale deed.

MS   26 October 2024

Thanks a lot for your response sir.

T. Kalaiselvan, Advocate (Advocate)     27 October 2024

The property you inherited through  family partition deed shall become your own and absolute property i.e., self acquired property.

There is no necessity to obtain the signature of your son or anyone to sell your own property

You can look for some other buyer if this buyer is reluctant and insisting on the signature of your son

MS   27 October 2024

Yes Sir, will look for other buyer.

Thanks a lot for your valuable response.

Dr. J C Vashista (Advocate )     27 October 2024

Very well analysed, opined by learned senior experts, I concur.

It is your self-acquired property, you are absolute owner, which you may dispose it as you wish, without any hitch, consent or permission of anyone.

MS   27 October 2024

Thanks for your valuable response sir.

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

You are welcome for your appreciations....


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