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Got share in property through unregistered document can mother sell it


30-Jan-2023 (In Property Law)

my wife was gifted a flat later it was known that her brother name was added in the purchase agreement for which she objected and to her objection her brother made affidavit stating that his 50 percent share in the flat he surrenders to sister daughter when she is 18 years old.but the document was not registered. now the daughter is 24 years old can my wife be able to sell this flat?

Answers (3)

Answer #1
997 votes
yes. it can be transferred, there are legal ways for it. you need to consult and bring all the documents while you come. the papers needs to be looked first. unregistered document is a valid document as per law
Answer #2
602 votes
yes she may sell her share but 50% share is in the name of daughter so unless and until she gives her consent and sign the sale deed of her share the transaction of sell will not be completed as per law.
Answer #3
541 votes
Please Clarify wheteher she was gifted the flat or a flat was purchased in her name. Who purchased the flat in your wife's name, is another question. The brother of your wife (co-purchaser) have made an affidavit and therefore it can be enforced by your daughter. Assuming your details to be complete, your wife WITH your daughter's consent (Important) can deal with the flat in any manner (the said affidavit needs to be annexed while execution of any such document). The answer is provided on the basis of various assumptions. I will need further details to provide a better answer.

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