Family property issue
Mirza Ali
(Querist) 25 November 2013
This query is : Resolved
Dear Sir,
My name is Mirza Ali I have some issues with my father’s property who has passed away about 25 Years before now the property which is house in Nanded Maharashtra (MH) Including myself we are four brothers & two sisters now we have decided to sell that property but myself is not available in India and we do have some disagreements between family but that is personal due this I want to ask the following questions.
Property registration is on my mother name but we four brothers (including myself) have made the PR card in the year 2000 and added our names in PR Card.
I just want to know the following answers
1. Is it possible my mother can sell this property without my signature or presence on the occasion of re-registration/selling of property?
2. What are the rights of my mother in this process?
3. If incase she sold this without my agreement than what are the legal steps I have to take and on whom?
4. Example if the property sold for 60 lacks how we can distribute among brother & sisters (Percentage/amount) as per the law?
5. Does my mother hold any share in sold amount?
Kindly guide me to keep myself ready for necessary action.
Thanks & regards,
Mirza Ali
ajay sethi
(Expert) 25 November 2013
your mother cannot sell the property without consent of other legal heirs . your mother is co owner of said property .
if name of other legal heirs are mentioned in property card your mother cannot sell such property . dont raise hypothetical questions .
better arrive at an amicable family settlement to avoid legal disputes
Rajendra K Goyal
(Expert) 25 November 2013
Since you are not in India, if you want to sell the property you can send your POA from abroad as per procedure.
To arrive any conclusion all the property documents need to be seen. Contact a local lawyer.
Thyagarajan
(Expert) 25 November 2013
I agree with Expert Mr. Ajay Sethi. There is no cause for action from your side as per details given by you.Get to know what is in mind of other family members.
Raj Kumar Makkad
(Expert) 26 November 2013
You cant do anything in the given issue from your side. Try to make consensus among the family members.
R.V.RAO
(Expert) 30 March 2014
answers to your query.
1.)mother cannot sell.if tried to sell it is illegal sale.
2.)mother is one of joint holders of the property having 1/7 th share (4 brothers, 2 sisters ,mother)
3.) you can approach court to set aside any illegal sale.
4.)as you are all 7 claimants,each legal heir will get 1/7 th share.
5.)as her name is on property card or regd. sale deed of property ownership , she is also entitled to her 1/7 th share.
