Can I sell my registered land to third person without the concern of siblings
8 months ago
I am married in 2012. After the death of my father in 2019 the property was transferred on to my mother. My mother made a sale deed for 10 guntas of agricultural land(self acquired by my father) in my name. I have some financial issues and want to sell the land. My elder brother is stopping me from selling the land to others. He is insisting to return the land as I cannot sell the land to any third person without his concern it seems. Is it true? Do I need his signature to sell the land (registered via sale deed on my name) to any third person please clarify.
If your father passes away leaving his self-acquired property intestate, i.e, without any Will, then all the surviving legal heirs are equally entitled to an equal share in the said property. For distribution of the equal share among the surviving legal heirs a suit for partition is required to be filed in the Civil Court. In the absence of a decree of partition and subsequent distribution of share in the property, your mother cannot transfer her share in the property to you by way of a sale deed which is void/invalid being infructuous and unenforceable under law. and accordingly, you cannot sell out the said portion of land to a third party.
Naveen Kumar
Replied 8 months ago
Hello Sir,
I have approached few other advocates as well. They have also suggested the same which Anik sir and Kishan Dutt Kalaskar Sir have suggested. Your statement is contradicting with the others sir. Can you please clarify.
Legal Counsel Vidhikarya
Replied 8 months ago
Dear Client,
Probably you did not appreciate my response to your query properly. I put an "If" your father passes away leaving his self-acquired property intestate, i.e, without any Will, then my suggestion is applicable irrespective of the fact how your mother transfers a part of the property to you. So, if my response to your query contradicts the suggestions of mass, then you should definitely go with mass. In a virtual platform, sometimes for lack of clarity and quality of the query, suggestions contradict each other. Hope the matter stands understood to you.
As the property is in your name, you're the sole owner of it and have sole rights over it, hence, you must not worry. No person can file a suit against you
Once it is registered in your name, rightly or wrongly it is your self acquired property and you can sell it away otherwise your brother may take injunction order against you.
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