Legal rights in fathers property
sanjeev kumar
(Querist) 09 November 2011
This query is : Resolved
Can anyone help and advice. My father expires 12 years ago. Details of family members are my mother, my married sister and I. My father left behind one house in Delhi without any wil please clarify the ownership of this property and our legal rights. Property is still not transferred in any name. Can my mother sell or wil this property without my concern. Can she rent-out this property without my concern? My sister is married is she having any rights in this property and how. Can you advice me in details how to save my father property. I don't want to sell this property. I would like to keep this as a gift for my son from his late-grandfather. Please helm with proper guidance.
This property was purchased by my father by taking loan from his Delhi govt. office. I don’t have any papers of this property. From where I can get these details of legal rights of property.
Can any one of our family sell or wil this property without concern of other member.
ajay sethi
(Expert) 09 November 2011
your mother , sister and you are the legal heirs of your father . your sister has equal rights on the property .
your mother cannot sell the property without consent of other legal heirs .
obtain succession certificate and get property transferred in name of legal heirs .
if your mother wants to give property on rent dont create roadblocks . she also needs some staedy income after death of your father . she can will her share of property to any one she pleases .
Raj Kumar Makkad
(Expert) 09 November 2011
You, your mother and sister are owners to the extent of 1/3 share each in the given property. Your desire cannot be fulfilled unless your mother and sister become ready. If both of them release their rights in the property by way of registered release deed or gift deed, only then you can become able to have entire property in your name.
Your mother can sell only her share without consent of any person including you. So create good relations with your mother and sister.
prabhakar singh
(Expert) 09 November 2011
yes, i do agreed expert query reply as Expert : M.Sheik Mohammed Ali always do.
