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Last Updated On 17-Jan-2021
Property

regarding division of property

My father died in 1994 and entire property transferred to my Mothers name. Now she is 87. We have 4 brothers and one sister. We have divided property equally on mutual under -standing including 6 share Mom and 5 children. My question is whether we can register our share singly mother signature or all signature required. Whether mom can sell entire property without consent of her children.

( Udupi, Karnataka )

17-Jan-2021

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A.
Hi,
If your father died intestate, then your mother, your siblings and you can all claim a share of the property.
Your mother cannot sell ancestral property without the consent of all the legal heirs. However, if it was self-acquired property, and your father left it to your mother, then she can do whatever she wants with the property.
All legal heirs' signatures are needed on the partition agreement, and on the basis of this, you can register your share individually.
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Posted On 17-Jan-2021
Vidhikarya
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Hi,
If the property is ancestral, then no, your mother cannot sell it without the consent of your siblings and yourself. Any such sale can be challenged and made null and void.
The registration can be done on the basis of the partition agreement, all legal heirs' signatures are required on this document to show that they consented to it.
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Posted On 17-Jan-2021
Vidhikarya
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Ur mother have the right n authority to sell out the property as the property is in her name.u have make separe deed n mutated ur name in that share
Posted On 17-Jan-2021
Vidhikarya
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Get a partition deed registered. Your mother's share can be released.
Posted On 17-Jan-2021
Vidhikarya
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Dear Client
As per your inputs your father died intestate, then you all children including your mother got divided the property in the equal shares, now you wish to register the same for that you all have to attend and sign on the partition deed further regarding the share of your mother, she can give to any one as per her wish.
Posted On 17-Jan-2021
Vidhikarya
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