Mother's property
D.M.Puri
(Querist) 13 March 2011
This query is : Resolved
There is a residential property in my mother's name. The property was purchased by my father as my mother had no income of her own. She died in 1991 inestate. My father died in 2003 inestate. We are two brothers and two sisters. The papers are in the possession of my elder sister. The full property is in possession of my younger brother. My brother wants to sell off the property and take his share but he does not have papers. I also want to take my share and quit. My younger sister is also willing to sell her share. But no one knows the mind of my elder sister who has the papers of the property. In fact my father had authorized her husband to get the papers from DDA and he never gave him the papers.
The questions are-
1) Can me, my brother and my younger sister sell our respective share to any one without having the papers.
2) Can we get copies of the papers (registration deed) from DDA officially?
3) The share is not demarcated.
4) Can I buy my brother's share?
5) Can we 3 brother/sister sell our share to outsider?
6) As the property is in my younger brother's possession, can we give the possession of 3/4th share or 1/2 share in case only me and my brother decide to sell our share, to the prospective buyers.
R.Ramachandran
(Expert) 14 March 2011
Since your parents have died without leaving a WILL, all you son(s) and daughter(s) have equal right over the property. As it is a residential property, none of you can independently sell one's share in the property to anybody. The best way is to file a suit for partition before a competent court. Once this happens, then if the three of you want to sell your shares in the property, then you to give a right of first refusal to the other i.e. elder sister. If she is agreeable to purchase your shares it is ok otherwise you have to again approach the Court to make agree for sale of the property and division of the proceeds amongst yourselves.
The best course is to approach a lawyer and act according to his/her advice.
