Property in the name of mother
Raj
(Querist) 09 August 2017
This query is : Resolved
Sir, Flat is in the name of son & mother. First name registered is of son. Mother n father has passed away. No will is done. Mother was a teacher. Daughter has any right in the same property? Can a son sell this flat without permission of sister? Please guide me
Ms.Usha Kapoor
(Expert) 09 August 2017
Since the property is in your and your dead mother's joint names if one coowner,,your mother dies his or her share of 50% share passes by survivorship to the other coowner,- you instead of your mothers legal heirs you and your sister. Now you have become absolute owner of the entire property and you can deal with it in whatever way you like it. and it would be in your own name you alone are absolute owner of your dead mother's and your share in the property. You can deal with this property as you like. So either the balance 50% share you can transfer in your sister's name or keep it to your self or altogether disposed of.
Ms.Usha Kapoor
(Expert) 09 August 2017
If you appreciate the above answer please click the like button.
Raj
(Querist) 09 August 2017
You mean to say, sister's right is on 25% of total property.? Property is in the form of flat in coop so. If a brother sold this property without permission of sister and did not pay any amount to sister. Then it is cheating crime?
Rajendra K Goyal
(Expert) 09 August 2017
Daughter has share in the property of mother expired intestate.
If brother sell the share of sister in unauthorized way, it would be illegal.
Sudhir Kumar, Advocate
(Expert) 09 August 2017
better narrate facts in actual rather than giving hypothetical turn one after other.
Be specific what happened, how you are connected and what do you want.
Dr J C Vashista
(Expert) 11 August 2017
I agree with experts, your sister has 25% share in the flat and her consent is necessary in disposing the same.
