3 Answers
Dear Client,
Whether the maternal property can be transferred to a third person depends on who currently holds legal ownership. If your mother is alive and the property is her self-acquired property, only she can transfer it, either personally or through someone holding a valid, specific power of attorney executed by her; you cannot transfer it merely as her child. If the property is ancestral or jointly inherited, all coparceners or co-owners generally need to consent to any transfer, and a sale by one co-owner without authority typically binds only that person's own share.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear client,
Firstly, you cannot transfer your mother's property to a third person while she is alive, as she is the sole absolute owner of her property. Any attempt to sell or transfer a living parent's property is legally void under Section 6(a) of the Transfer of Property Act, 1882, which strictly prohibits the transfer of spes successionis (the mere hope or chance of inheriting property in the future). Only your mother holds the exclusive authority to sell, gift, or transfer her property during her lifetime.
Moreover, If your mother has passed away without a Will, you can only transfer your specific undivided legal share to a third party after obtaining a legal heir certificate and mutating property records. Additionally, you cannot sell the entire property without the written consent and execution of all other co-heirs, such as your siblings or father. However, if your mother left a valid Will naming the property exclusively to you, you become the absolute owner and can freely transfer the entire property once title mutation is complete.
I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank-you.
Dear Client,
I understand your legal issues, based on your legal query, the answer to your question is that yes, your maternal property can be transferred to the third party, but it totally depends whether the property is self acquired or was an ancestral property and it also depends on that fact that your mother is alive or passed away.
Hope this answer helps!
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