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Affidavit
1 year ago
While selling a house by the sole owner of the house( he bought the home out of his earnings & is alive now), can his sons & daughters can claim any over the house at a future date. Whether any affidavit is to be obtained by all the sons & daughters? If one of the sons is refusing to sign the affidavit, can he claim his right over the house at a later date.
A.In India, the laws regarding inheritance and property rights are governed by the personal laws of the individual concerned. However, as a general rule, if the house is owned solely by the father and he bought it with his own earnings, then he has the right to sell the property without the consent of his sons and daughters. They cannot claim any right over the property unless they have been legally given a share in the property through a will or gift deed.
If the father wants to ensure that his sons and daughters do not have any claim over the property in the future, he can execute a gift deed or will in favor of the person he wishes to give the property to. It's advisable to consult a lawyer or a legal expert to draft the gift deed or will to ensure that it is legally valid and enforceable.
In case the father does not make any legal arrangements and passes away without a will, the property will be inherited by his legal heirs as per the laws of succession applicable to his personal law. In the case of Hindus, the property will be divided among the legal heirs as per the Hindu Succession Act, 1956.
If one of the sons is refusing to sign the affidavit, it does not necessarily mean that he has a claim over the property in the future. However, it's important to ensure that all legal heirs are aware of the sale of the property and that they do not have any objection to it. In case of any dispute, it's advisable to seek legal advice to resolve the matter.
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If the father wants to ensure that his sons and daughters do not have any claim over the property in the future, he can execute a gift deed or will in favor of the person he wishes to give the property to. It's advisable to consult a lawyer or a legal expert to draft the gift deed or will to ensure that it is legally valid and enforceable.
In case the father does not make any legal arrangements and passes away without a will, the property will be inherited by his legal heirs as per the laws of succession applicable to his personal law. In the case of Hindus, the property will be divided among the legal heirs as per the Hindu Succession Act, 1956.
If one of the sons is refusing to sign the affidavit, it does not necessarily mean that he has a claim over the property in the future. However, it's important to ensure that all legal heirs are aware of the sale of the property and that they do not have any objection to it. In case of any dispute, it's advisable to seek legal advice to resolve the matter.
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A.Dear Sir,
It is his self acquired property as such the children need not sign the sale deed and need not give any NOC.
It is his self acquired property as such the children need not sign the sale deed and need not give any NOC.
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