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Fern (consultant)     02 January 2012

Can nominee sell his flat?

On expiry of the father, nominee acquired residential flat. Other heirs - mother, a brother and a sister have release / renounce their undivided rights on affidavit in favour of nominee. Is it then necessary to get Succession Certificate to own or to sell flat after 1 year of father's death? Your opinions will be highly appreciated. 



Learning

 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 January 2012

you can sale it , it all depends on buyer.

1 Like

VIKRAM BALU (Advocate)     02 January 2012

What do mean by Nominee? No Immovable property - land/ building can be sold by a nominee. Did your father make a WILL? If yes -go as per the Will. If no - then,  get a legal heir Certificate and all legal heirs are joint owners of the property. if you decide to sell te property then all legal heirs have to sign/execute the sale deed. If any legal heir wants to release their share then the release deed must cumpulsorily be registered. If you decide to sell the property by appointing a power agent, then the power of Attorney executed by all the legal heirs and must be registered. There is no need for a sucession certificate unless someone disputes that he/she  is a legal heir and is the joint owner of the property.


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