LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am a 25 year old male who lives with his father in his apart­ment and it’s his self- ac­quired prop­erty. My mother passed away a few years ago. I have two sis­ters who are hap­pily mar­ried. Can my father sell the flat with­out our con­sent? Also please clar­ify that if my sis­ters would have any rights in the flat af­ter my father’s demise?

– Sab­nam Tyagi As you men­tioned that the flat is your father’s self­ac­quired prop­erty, he is fully en­ti­tled to trans­fer the said flat to any third party with­out your con­sent. If your father ex­e­cutes a will in re­spect of the said apart­ment then af­ter his demise the prop­erty shall de­volve in the man­ner as spec­i­fied in his will. How­ever, in case your father dies with­out leav­ing a will then af­ter his demise all his le­gal heirs, in­clud­ing you and your sis­ters, shall have an equal zshare in the apart­ment. My younger brother and I (be­ing the only le­gal heirs) in­her­ited a house and a shop(in equal shares) from our father. Sub­se­quently with mu­tual un­der­stand­ing, I sur­ren­dered my share in the house and my brother sur­ren­dered his share in the shop by ex­e­cut­ing two sep­a­rate duly reg­is­tered re­lease / re­lin­quish­ment deeds. At present the mar­ket value of the house is much higher than the shop. Is it pos­si­ble for me to can­cel the re­lease made by me?

– Jagdeep Shah Since the re­lease / re­lin­quish­ment deeds ex­e­cuted by you and your brother are duly reg­is­tered, the re­lease by you of your share in the house and re­lease by your brother of his share in the shop are legally com­plete and can­not be can­celled. My father had made a gift of an apart­ment in the name of my mi­nor son. We now wish to sell it and in­vest in a big­ger prop­erty. Is it nec­es­sary to seek the court’s per­mis­sion be­fore sell­ing this apart­ment as I have heard it is a time­con­sum­ing process?

– Amanpreet Kaur Yes, since the ab­so­lute and sole owner of this prop­erty is a mi­nor, it can only be trans­ferred af­ter you (as guardian of the mi­nor) have ob­tained writ­ten per­mis­sion from the courts to do so. The court may per­mit trans­fer of this prop­erty to any third party on con­di­tions as the court may deem fit.

ISTOCK

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