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sale of my father's self aquired property (my father is still alive)
18-Sep-2023 (In Property Law)
My father has a self aquired property and we have decided to sell. I have younger brother & sister and both are married.
1) is my sister required to sign at the time of selling / registring the house to prospective buyer or my father's signature and mine & my brother's signature sufficient ?
2) My father has decided to gift small portion of amount to my sister & balance amount to be distributed between me & my brother - but my sister is insisting the amount be equally distributed to her (but my father wants to gift her only small portion of the amount) - Pls advice
Since this is your father's self acquired property , only his signature on the sale deed is sufficient. You or your siblings don't need to sign. After the sale , your father shall decide how to distribute the sale proceed.
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Adv. Tanushree Sahani
Bangalore | 25+ Answers
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Dear sir,
If the property is self acquired by your father, to sell or gift to anybody by your father, signatures of you, your younger brother and your sister is not necessary, nobody can claim over the self acquired property of your father, your father can sale his self acquired property without signatures of his sons , daughters and also wife. if the property is ancestral than signature is necessary to sell the property.
If the property is self acquired by your father, to sell or gift to anybody by your father, signatures of you, your younger brother and your sister is not necessary, nobody can claim over the self acquired property of your father, your father can sale his self acquired property without signatures of his sons , daughters and also wife. if the property is ancestral than signature is necessary to sell the property.
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Adv. Shashikumar K
Bangalore | 200+ Answers
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daughters have equal rights in respect of self acquired property as well only if the same is to be claimed in the case of inte-state death of the owner, here the father. (without a WILL),
However if your father has decided to sell the property during his life time and distribute the proceeds as he desires, your sister cannot demand an equal share, in fact your father need not obtain the signatures of his children in order to sell the property at all. He may obtain the signature of his wife/mother at the time of registration as a consenting witness, your signatures are not required at all.
However if your father has decided to sell the property during his life time and distribute the proceeds as he desires, your sister cannot demand an equal share, in fact your father need not obtain the signatures of his children in order to sell the property at all. He may obtain the signature of his wife/mother at the time of registration as a consenting witness, your signatures are not required at all.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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