Legal Question in Real Estate Law in India
My father passed away few months ago leaving a sole made building. Mutation has not been done yet. Myself (only child) and my mother (65 years old) are the only successors. Can my mother sale out or make gift deed of this property as a whole or her 50% share without my permission ? I, a married woman, live 30 km away from this property and my mother lives there alone without any steady reason. She is under continuous provocation of some ill mannered neighbor. So I also annoyed about her life after reading incidences over newspaper nowadays. Can I take custody of my mother legally ? I want to protect this property very much for future generation.
1 Answer from Attorneys
It is clear that both of you have equal share in the property. But since the conveyance deed is not in place and also the property is indivisible (without court intervention) your mother can't sell out without your consent. And that would be illegal.
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