Rajeev Sarcar (Service) 21 August 2008
My Father expired in 2002, We are 3 brothers. We have property in 2 places.
I Jharkhand, Its a house which was made by my father's income and as per the will It belongs to all the 3 brother and my mother.
Can u mother alone sell the property ?
In Bengal we have ancestrial property ( house & land) and there is no will, can my mother alone give/sell the property ? 
Kapil (Advocate (Associate Legal)) 21 August 2008
Mr. Rajeev,
As to your 1st Point
a house at Jharkhand which was made by father's income and as per the will It belongs to all the 3 brother and your mother.
Can she alone sell the property ?
Yes, She can do it only with prior NOC of all u 3 Brothers.
As to your 2nd Point -
in that situation also she can do it with prior NOC of all u 3 Brothers.
anuradha (lawyer) 21 August 2008
In first case mother can sale out the property only in the condition of the consent of other co owners of the property and in the case of ansestoral property first we have to see wether there is any partition under the section 6 of Hindu succession act or sec 213 of Indian succession act and then we se the share of property that dwelved on your father and you brothers. and if there is the consent of all the coowners of the property and there is no objection from other family members residing in that particular building then mother can sell the property herself . in short in India it is not easy to sell the family property by any individual by his/her free will.
Vijay Kumar (Advocate) 21 August 2008
Your mother can sell only her undivided share that is 1/4.
RAM DEO KAKRA (ADVOCATE ) 23 August 2008
can a coowner of undivided property rent out a property where others are not agreed.whats the validity of documents being rent aggreement he exuceted with tenant and take rental deposit and regulerly receiving rent.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
