Property sale - consent signature from major children

[annanya84]

Need advise - a property owner is reluctant to get his major children to sign during property transfer. His claim is that he has given their shares and has registered affidavit saying they don't have rights on the property. Also the property is in his name and it's self acquired. He is from Kuruba community. Wanted to understand if this could have litigations in the future?

[Lalitha36]

Self-acquired sole owner property does not require children consent during property sale, provided he's in sound mental health and capable of taking proper decisions. This issue comes only if the property is ancestral even in which case this person would typically be class 1 legal heir, followed by his children who would be class 2 legal heirs and get inheritance only in absence of class 1 heirs. If still in doubt, better to consult an expert property lawyer.

[kumark2k]

I agree with @Laitha36.

You need to check the property title flow of the property if its self acquired then getting signatures from Kins (Spouse or Children) is not required.

One of the concerns would be when a senior citizen is selling the property, I have heard that the kins with ill intention litigating upon death stating that the sale was not done with a sane mind taking advantage of the age and medical history (if any).
This is when the importance of witness comes into play. I have seen ppl at registration offices asking random ppl for witness signatures. Ensure you take family/friends whom you can depend on for such signatures.

Also, get a Family Tree Affidavit from the seller, so you are aware of who are the Kins.

[annanya84]

thank you lalitha36 and kumark2k for the reply.