Can mother sell her house to her married daughter
3 months ago
Behaviour of my wife is not good for my parents as well as for me also. So, I want to take divorse from my wife but she doesn't want to give. It become very dificult to take divorse for me because of my financial condition. We have a house in the name of my mother. And my wife is greedy for our house.
I have two younger sisters, out of them one sister is married. So, my mother want to transfer or sell our house to my one married sister so that my wife have no any option to deny from divorse.
So, I want to know that can my mother sell our house to my married sister? (With or without consideration)
A.Dear client,
The property in the current matter would qualify as a self acquired property. A property that an individual buys through his or her own money will be known as a self-acquired property. The property can be gifted by someone else or transferred to one person from another.
All rights and advantages of self-acquired property belong exclusively to the owner. These rights include the ability to transfer and sell the property anyway they see fit. The owner might even give the property as a gift to a non-family member. No additional family member's permission is necessary. In addition, the owner is free to use the land anyway she sees fit.
In the current matter, the owner of the property is your mother, she can transfer the rights of the property on whoever she wants to.
Thank you
The property in the current matter would qualify as a self acquired property. A property that an individual buys through his or her own money will be known as a self-acquired property. The property can be gifted by someone else or transferred to one person from another.
All rights and advantages of self-acquired property belong exclusively to the owner. These rights include the ability to transfer and sell the property anyway they see fit. The owner might even give the property as a gift to a non-family member. No additional family member's permission is necessary. In addition, the owner is free to use the land anyway she sees fit.
In the current matter, the owner of the property is your mother, she can transfer the rights of the property on whoever she wants to.
Thank you
Helpful
Helpful
Share
A.Dear Client,
If the property (house) is transferred in the mother's name after the death of your father, then she is the rightful owner of that property. She in her lifetime can transfer that property to her daughters by way of a registered gift deed that requires no consideration and the best way to transfer the property. The Act makes no distinction between married or unmarried daughters. In the given situation, it is advisable to execute a gift deed by your mother in favour of her married daughter adding a terminating clause in the Gift Deed for future occurrences. This legal document establishes the transfer of property from the mother(donor) to the daughter (donee). It should be registered to make the gift valid, and stamp duty may be applicable based on state-specific laws. It is, therefore, suggested to take legal consultation to solve the matter with the help of a property expert lawyer in the right way.
If the property (house) is transferred in the mother's name after the death of your father, then she is the rightful owner of that property. She in her lifetime can transfer that property to her daughters by way of a registered gift deed that requires no consideration and the best way to transfer the property. The Act makes no distinction between married or unmarried daughters. In the given situation, it is advisable to execute a gift deed by your mother in favour of her married daughter adding a terminating clause in the Gift Deed for future occurrences. This legal document establishes the transfer of property from the mother(donor) to the daughter (donee). It should be registered to make the gift valid, and stamp duty may be applicable based on state-specific laws. It is, therefore, suggested to take legal consultation to solve the matter with the help of a property expert lawyer in the right way.
Helpful
Helpful
Share
Read Related Answers
Regarding Bank account details mentioned in Sales Agreement
Dear Client,
Usually, the contents of a Sale Agreement made by the Builders remain pro-builder guarding the interest of the Builder. But as a party to the said agreement you have the right to amend an...
House registry in Haryana
Dear Client,
In the absence of the original Seller and the original Buyer, a rectification deed or supplementary deed to rectify the error in the Schedule of Property of the original deed cannot be ma...
LTCG ON SALE OF PROPERTY
Dear sir,
Section 8 of Hindu Succession Act:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dyin...
Relinquishment deed signing by sister
Dear sir,
Yes if your wife signs relinquishment deed then she will loose her share. The other party can sell the entire property. Stamp duty etc. depends upon state government rule please check sub re...
Apartment issue
Dear Client,
If there exists a registered Society in the housing complex, then you should bring the matter to the notice of the concerned Society. In case the matter is not resolved or no society exis...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
