Jointly owned flat
Mahesh
(Querist) 25 April 2015
This query is : Resolved
Hi,
My father died in 2008 without making his will and later his mother (My Grandmother) died in 2010 without making any will.
Now I want to sell a flat that I bought jointly with my father in 2005. Can I sell a at now.
I have two sisters and mother who are okay with me selling flat.
My question is am I required to take perission of my uncle(My Fathers Brother) and Aunt(My Fathers sister).
I have no problem in taking their permission too. But I dont know where they are now. I have no contact with them. Is there a way round this.
Regards,
Mahesh
P. Venu
(Expert) 26 April 2015
The property presently vests with you, your siblings and your mother. Others needs to relinquish or otherwise transfer their rights to you.
Kumar Doab
(Expert) 26 April 2015
You seem to be already aware.
The mother has died after her son.
If both the deceased were Hindu then Hindu succession laws are to be pursued.
The share of deceased Hindu male shall devolve upon ClassI legal heirs: mother, spouse,children
And of Hindu female upon her children....
Thus your uncles need to provide NOC or relinquish their rights.
You may wait for more responses....
Advocate Kappil Cchandna
(Expert) 26 April 2015
Sir,
Only permission of your sister and mother is required .......
Make an RD and go ahead ....
Warm Regards
Kapil Chandna Adv 9899011450
Sudhir Kumar, Advocate
(Expert) 26 April 2015
some persons have problems.
Some persons do not have but create problem.
Those who cannot create just imagine.
Rajendra K Goyal
(Expert) 26 April 2015
The permission has to be obtained from all other class I legal heirs of your father.
Dr J C Vashista
(Expert) 29 April 2015
Before making any agreement to sell become absolute owner of the flat after registering RD by your mother and sister in your favour.
No further legal problem, consult a local lawyer to advise, guide and proceed professionally.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
I go with the observations made by expert Mr. Kumar Doab. Before that, since he author has stated that he bought the property jointly along with his father, the problem is only about the half share that belong to his father. His father died in the year 2005 and was survived by his wife, children and mother as his legal heirs. now upon the death of his mother, her share in the property will devolve upon her legal heirs namely the siblings of your father, this way the siblings of your father need to relinquish their rights in the property by a registered release deed so that they should not come out with litigation at a later stage. As far as your mother and sisters are concerned they can very well relinquish their rights of share in the property by executing a registered release deed in your favor.
