Is legally the mother keep can to sell the land ??
By advokatku
@advokatku (4033)
Indonesia
March 23, 2013 1:09am CST
A mother wants to sell the land heritage her husband with the aim to be distributed to all six of her children. However, the wishes of mother rejected by one of her children. The child refused to sell the land heritage their father and he also refused to sign all the documents land sales..
Several times negotiated amicably always to no avail, and strangely he refused without giving a reason whereas fifth his brother keep agree with the wishes their mother
Is legally the mother keep can to sell the land ??
6 responses
@jenny1015 (13366)
• Philippines
23 Mar 13
From what I know, everything that a deceased husband has left to the family, it is divided in such a way that half of it is given to the wife and the remaining half will be distributed equally among the children.
That being said, the mother can only sell her share of the land and can not sell any part of the land of the children.
@ayeeesha (1127)
• Philippines
23 Mar 13
What you said is right. Although if I may add, while half of the estate belongs to the wife, she still has a share over the other half of the estate. For example, if there are 3 children, the other half will be divided into 4, including the mother. Unless there is a will or an agreement that properties between the man and wife will be separate.
But of course, it depends on the laws of the country where the property is situated :)
@marguicha (223776)
• Chile
24 Mar 13
In my country there`s the same laws that ayeeesha mentions. But any of the heirs can ask the land to be divided and/or sold so as to have his part.
@advokatku (4033)
• Indonesia
24 Mar 13
in theory, indeed the mother can sell part of inheritance which has became his entitle . But the shape of the object in my question is the land which is not can't sold in partially considering the price of selling arrangements more expensive than the sale price.
@KieraMcLean (75)
• Birmingham, England
5 Jun 14
Mother can sell only her share not her children. As it is illegal.
@chiyosan (30183)
• Philippines
23 Mar 13
If the land owners are the children and the mother then she needed all their signatures to sell the land. I do not see the point as to why the mother would want to sell the land to distribute the money. It's theirs anyway and the distribution of the money can be done themselves after she is gone. Perhaps the mother just wanted her share of the land in cash too. If the mother needs money they should b just ask her and know how they can help her.
@silverfox09 (4708)
• United States
24 Mar 13
I think the land should be survey and split up, so that child who dont want to sell can keep their piece . I think the mother was trying to work thing out so they dont have a fight but with things like those and a lot of children fight will happen .
@teotimoponcerosacena (1551)
• Philippines
23 Mar 13
No she can't without the consent of all the children for that property is a heritage of her husband the mother is just a part of and no reasons is required why for it is an inherent power of the children over the property.
@Afunnyman (55)
• Philippines
23 Mar 13
Based on your description, I can tell that it needs to have the consent of ALL of her children before it can be sold. So it only takes ONE person to not sign the consent and it cannot be legally sold. Therefore, the mother alone cannot legally sell the property .Properties that can be sold by the mother are those that she inherited from her father provided she has no sister or brother with whom they must share the property equally.
