Legal Question in Real Estate Law in India
my grandmother has given a vacant land to my mother in the year 1974 as gift deed at adyar chennai, my mother sold her jewels given by her father and her husband has put some money in contructing the house .my mother four sons and three daughters, she sold her house at adyar chennai for 25 lakhs in the year 2001 and gave the share to all his sons and daughters. ,They all has given a affidivit of relinquishing their rights in the property in front of notary public. In The remaining share she bought a apartment worth 10 lakhs for his own use and stayed with her husband and his son( last son) for 9 years at that apartment, but now she is not well and she wants to sell her apartment to look after his health, but my father is standing in her way saying that she has no right to sell her property since he has paid EB Charges, water tax, property tax. my father is aged about 82 years old . i want to know what is the position of my mother regarding selling her individual property and also say how to overcome this situation raised by her husband . my mother wants to sell this appartment without anybodies consent. can she do it legally ? advice me .
1 Answer from Attorneys
She may be entitled to sell her property if she is an absolute owner. However, her husband may claim maintenance and a charge on her property, if he is dependent on her for his living.
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