Does namantaran in municipality gives selling rights
Pushpa Jathar
(Querist) 24 May 2012
This query is : Resolved
Hello,
My grandfather had one property (house and some land). When he passed away my father and uncle filed a law suite and divided the property in equal halves in 1978 around.
My father passed away in 1985, so for the purpose of house tax payment, "Namantarn" (name transfer) in municipality was done in my mother's name. She also passed away last years. Now the legal document we have as of now are:
1. Court Order in my Father's Name (I think equivalent to registration of property)
2. Name transfer in my mother's Name in Municipality (Namantarn)
3. House tax receipt in my mother's name dated last year
We want to sell this property as it is too old now. We are 7 legal heirs of this property as of now (2 brothers and 5 sisters).
Now my brothers are telling that, to sell the property, we need latest house tax receipt in somebody's name who is alive. And for that they are asking all of the five sisters to sign the notarized document which asks our consent to do the "Name Transfer in Municipality" (Namantaran) of the property in our brother's joint names. So that they can get the Namantaran done in municipality and pay the house tax and get a receipt in their names.
They are also telling that when we will sell this property, our signature (all 5 sisters and 2 brothers) would be needed again on the sale deed in front of Registrar (Legal authority who takes care of all land transactions within the city). So there is no possibility that with Namantaran we can sell the property alone without giving you your equal share.
So finally they will be having following documents:
1. Court Order in my Father's Name
2. Name transfer in my brothers' Name in Municipality
3. House tax receipt in my brothers' Name dated this year
I just wanted to ask whether they have the right to sell the property with above sets of documents in their hand, without our (5 sisters) consent later, or our consent will still be required for selling? Because we just want to make sure that we get our equal share in the property.
This property is located in state of Madhya Pradesh, just in case the property laws varies from state to state.
Please let me know if further details are required.
Thanks & Regards,
Pushpa Jathar
V R SHROFF
(Expert) 25 May 2012
Engage a local Lawyer, who will draft proper MOU, to safeguard sister's rights.
Pushpa Jathar
(Querist) 31 May 2012
Please, if anybody can answer, I would be grateful?
Shonee Kapoor
(Expert) 31 May 2012
Nothing can be said w/o looking at the dosuments.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
