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Can a mother sell her property without the consent of her children
30-Apr-2023 (In Property Law)
we have 10 acres agricultural land in karkala Karnataka . Those property purchased my father in the year 1970 and same was registered in the same year. My father was passed away 1n 1994 and the said property transferred to my mothers name asper notarized WILL prepared by my father. Now my mother wants to sell my property. she had four sons and a daughter Any of her son or daughter can object if she wants to sell those property.Suppose she sold those property will registering it only her signature is essential or all sons and daughter signature required. Awaiting your suitable reply soon
We assume that the property is your fathers self-acquired property.
If yes, then the will executed by him over the property will be binding on all his children if not challenged before the competent court.
Further, on the basis of the will the revenue records will also be mutated in her records. By virtue of acquiring the property through the will, the property becomes her absolute and separate property and she can sell the property without the signatures of her children.
If yes, then the will executed by him over the property will be binding on all his children if not challenged before the competent court.
Further, on the basis of the will the revenue records will also be mutated in her records. By virtue of acquiring the property through the will, the property becomes her absolute and separate property and she can sell the property without the signatures of her children.
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The will could be challenged by son/daughter if they wish to. Strictly speaking since the property has devolved to your mother as per the Will and the property has been transferred to her she is the sole owner of the property. However, you cannot rule out any son/daughter from disputing the same. For sale of property since your mothers name is already in the revenue records and the Will is also there, only she needs to sign the sale deed.
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Adv. Ramakrishnan S.
Bangalore | 100+ Answers
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