Sale of fathers property without a Will
Querist :
Anonymous
(Querist) 21 September 2010
This query is : Resolved
My father recently passed away without a Will, leaving the 3 of us (Wife, Daughter & Son(Me) in a tight financial position. Now we want to sell one of his properties, that is solely on his name, to improve our financial position.
Therefore I request you to please advice on the best & fastest solution to execute this sale.
Also a bit later on, how to transfer the rest of his properties , Bank A/c's, Company Shares onto our Mothers name?
Thanks.
Devajyoti Barman
(Expert) 21 September 2010
All of you jointly can sell that property. For transferring the rest of the properties you have to make a gift deed or partition deed in that respect.
Prakash Yedhula
(Expert) 22 September 2010
The immovable property can be sold jointly by you. The purchaser would insist for a death certificate and legal heirship certificate. Regarding the other immovable properties you can enter into a family arrangement among your family members enabling your mother to deal with the properties. In so far as bank account, company shares your mother needs to apply for succession certificate before the competent court.
sanjay mundada
(Expert) 22 September 2010
Reply from resp.Prakash is perfect, i agree with him.
you can execute the sale of immovable property .
Kiran Kumar
(Expert) 22 September 2010
move as Mr. Y Parkash advised.
Chanchal Nag Chowdhury
(Expert) 22 September 2010
All of U can jointly sell the property.
Depending on the sum available in the A/C.,U may approach the Administrator-General to issue heirship certificate or else, Succession Certificate seems to be the only option.
However, some banks do release monies in the a/c. of dead a/c. holders to his heirs on satisfactory security.
Uma parameswaran
(Expert) 22 September 2010
All the legal heirs' permission is needed to sale a intestate property .
M/s. Y-not legal services
(Expert) 06 October 2010
I agree with mr.prakash. If you can mean 3 of you make a family settlement for movable or immovable propertys.. Or 3 of you can sale the propertys as jointly.. All the best..
