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Sale of property by way of settlement by brother to sister
24-Dec-2023 (In Family Law)
The document of an agricultural property gifted by brother to his sister by way of settlement states that the sister can enjoy the benefits of the property without any encumbrance such as sale, mortgage, etc and that after her lifetime her heirs both male and female shall inherit the property and after attaining majority divide among themselves equally with full freedom.
Now the sister, the present owner of the property, still alive wants to sell the property with the consent of her only child, a daughter. How can she execute the sale in this scenario.
She can execute sale deed with the permission of the court and the proceeds must be for the benefit of and for the future of the child. Permission of the court is absolutely necessary. Otherwise any encumbrance made by the sister is illegal and void.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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In this situation you cannot sell the property...
If your daughter attain majority then she can sell the property.. To sell the minor property we can do it after some court proceedings ... I can clarify further details.... contact me directly with relevant papers
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Adv. R. Girija
Chennai | 25+ Answers
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