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Sale deed registration
11 months ago
An old lady (Kantha) is going to sell her property (all the documents are on her name) to a buyer. Kantha has 4 children (1 son and 3 daughters), all of them have got married and have kids too. Now as being the buyer, do I need to get signature from all Kantha's children and grand children?
Note: Kantha acquired the property from Tamil Nadu Housing Board Corporation
A.Hello,
In general, under Indian law, the buyer does not need the signatures of all children of the seller in order to purchase a property. However, it is crucial to consider the specific circumstances and applicable laws, as they can vary based on factors such as the religion, region, and nature of the property.
Hindu Undivided Family (HUF): If the property is ancestral or owned by a Hindu Undivided Family, the consent of all adult members of the family may be required for the sale, including all children of the seller.
Joint Ownership: If the property is jointly owned by multiple co-owners, the consent of all co-owners is typically required to sell the property, regardless of whether they are children of the seller or not.
Testamentary Disposition: If the property is subject to a valid will or testamentary document, the transfer of the property will be governed by the provisions of the will. In such cases, the consent of all beneficiaries or heirs mentioned in the will may be required for the sale.
Minor Children: In the case of minor children (under the age of 18), their legal guardian or parent can act on their behalf for property transactions. Consent or approval from the court may be required to sell the property if it involves a minor's share.
It is important to consult with a qualified lawyer who specializes in property law to understand the specific legal requirements and procedures applicable to your situation. They can review the documents, assess the ownership structure, and provide guidance on the necessary steps and consents needed for the sale of the property.
In general, under Indian law, the buyer does not need the signatures of all children of the seller in order to purchase a property. However, it is crucial to consider the specific circumstances and applicable laws, as they can vary based on factors such as the religion, region, and nature of the property.
Hindu Undivided Family (HUF): If the property is ancestral or owned by a Hindu Undivided Family, the consent of all adult members of the family may be required for the sale, including all children of the seller.
Joint Ownership: If the property is jointly owned by multiple co-owners, the consent of all co-owners is typically required to sell the property, regardless of whether they are children of the seller or not.
Testamentary Disposition: If the property is subject to a valid will or testamentary document, the transfer of the property will be governed by the provisions of the will. In such cases, the consent of all beneficiaries or heirs mentioned in the will may be required for the sale.
Minor Children: In the case of minor children (under the age of 18), their legal guardian or parent can act on their behalf for property transactions. Consent or approval from the court may be required to sell the property if it involves a minor's share.
It is important to consult with a qualified lawyer who specializes in property law to understand the specific legal requirements and procedures applicable to your situation. They can review the documents, assess the ownership structure, and provide guidance on the necessary steps and consents needed for the sale of the property.
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