Father gave property to mother can she sell the property now

974 votes

The Property stands in the name of your mother so legally she has every right to dispose the property. As such there is no necessity for others to sign. If your father comes forward with the claim that he had purchased the property in the name of his wife with his own money and, therefore, she was only benamidar, or the ostensible owner, It will cause problem. If the property purchased after 1988, the claim will not hold good since the Benami Transactions (Prohibition) Act, came into existence in 1988. Sometimes the buyer may insist for the other family members to sign as witness to avoid any future problems.

Advocate Vasavi Sridevi Sivanandam LawRato

524 votes

Though your father has funded for the purchase of the property fully and your father may have substantial evidences to prove the payments made for this, since it has been purchased on her name, it becomes your mother's own and absolute property.
Under married women's property act she is the absolute owner of the property howsoever she might have acquired it
By this, she need not take consent of NOC from your father nor from her children to sell/dispose/alienate/transfer the property in any manner to whomsoever she may desire to etc.
Neither your father nor you or siblings have any right in the property nor can stop he from going ahead in her decision.

Advocate T Kalaiselvan LawRato

796 votes

In general your mother can sell or gift or will away the property in question to any one she desires. Even if you say that it is out of the funds of your father you need to establish with a proper evidence. An appropriate answer for your query can only be arrayed on seeing the recitals of the sale deed documents through which your mother had bought the property.

With Thanks, GPV

Advocate GP Vijay LawRato